Sie sind auf Seite 1von 52

Rebalancing the criminal

justice system in favour


of the law-abiding majority
Cutting crime, reducing
reoffending and protecting
the public
Home Office July 2006
Contents

Foreword by the Prime Minister 2

Foreword by the Home Secretary 3

Executive summary 4
Putting law-abiding people and communities first 4
Gripping offenders to cut crime, reduce reoffending, and protect the public 6
A simpler, swifter, fairer system to support rebalancing 7

Chapter 1: Introduction 9
A changing context 9
Successes 10
Rebalancing the whole of the criminal justice system, from end to end 12
This document – action and consultation 12

Chapter 2: Putting law-abiding people and communities first 14


Treating victims and witnesses better 14
Rules that don’t privilege the offender over the victim 15
Fairer sentencing, meeting the needs of the community 17
Compliance and enforcement 19
Community justice 21
Visible, responsive and accountable policing 23

Chapter 3: Gripping offenders to cut crime, reduce reoffending, and protect the public 25
Preventing crime 25
Low-level offending, public disorder and anti-social behaviour 25
Reducing reoffending, and tackling repeat offenders and drug users 27
Protecting the public from serious, violent and dangerous offenders 30

Chapter 4: A simpler, swifter, fairer system with strong enforcement


to support rebalancing 38
Police bureaucracy 38
Improving our processes by learning from the front line 39
Simple, Speedy, Summary 40
Better technology to help join things up 44

Chapter 5: Action plan: what will be done by when 46

Chapter 6: Consultation 48

1
Foreword by the Prime Minister

I am, in some ways, an unlikely champion of the But, despite this progress, there is still a great deal
need to transform our criminal justice system for the more to do. The chances of being a victim of crime
challenges of the new century. I am, after all, from a might be lower than for over 20 years but levels of
legal household, who studied and practised law and crime remain too high. We have speeded up youth
inherited the traditional lawyer’s view of the balance justice but there remain too many delays in the court
between crime and civil liberties. system. There is, above all, a worrying gap between
what the decent majority expect of a criminal justice
It was, however, the clash between what I was taught system and what they see it delivering. The public
and what I saw – the realities of modern life in believe that the system shows more concern for
London where I lived and in my North East protecting the rights of those who break or ignore
constituency – which made me question whether this the law than those who keep it.
balance properly protected our society. I could see
profound social and cultural upheaval all around me, We have begun to put this right. Many of the steps
and that our criminal justice system had not kept we have taken, such as the action against anti-social
pace with this change. behaviour, have been controversial in some quarters
but rarely in the communities where they have
Crime in the last century increased nearly thirtyfold been used.
but our laws, our court processes and, above all, the
culture of the legal and political establishment had But the imbalance remains as does public concern.
not adapted. We still had a criminal justice system Public faith in the criminal justice system is not just
and thinking largely shaped by the need in Victorian desirable but absolutely essential for its continued
times to counter the gross unfairness of the past by effectiveness.
safeguarding the rights of the accused, with no real
concern for the victim. We can’t duck these challenges. It doesn’t mean
turning the clock back even if it were possible. Nor
It was also increasingly obvious to me that it was does it mean tearing up hard-won and cherished
those neighbourhoods most in need of protection liberties. But we must ensure that in a modern world
from the law which suffered most from this failure. stripped of the bonds of the past, with new
For while the breakdown of respect in our society opportunities for crime, the criminal justice
and the impact it has on crime and behaviour organisations live up to their duty of protecting the
affects us all, it hits hardest those in the most rights of victims and communities. We must build a
deprived communities. criminal justice system which puts protection of the
law-abiding majority at its heart. This review sets
Given this background, it is a real achievement that out how we intend to accelerate this process.
crime as measured by the British Crime Survey has
fallen sharply since 1997. We have begun to
rebalance the criminal justice system. Investment in a
record number of police and the introduction of a raft
of new measures to crack down on anti-social
behaviour have played their part. Tony Blair
Prime Minister

2
Foreword by the Home Secretary

Justice is a cornerstone of a democratic, free and The reforms and operational changes in this
civilised society. And it is at its most powerful when document are the result of this thorough audit of
it has the full confidence of the people. Without the entire system to ensure that we get this balance
public faith that the system of justice reflects reality, right. It looks not just at sentencing and giving
protects the innocent, and punishes those who break victims a stronger voice in the court process, but also
the law, its legitimacy and effectiveness is at how we can work smarter to cut crime – tackling
compromised. This faith is hard won and can’t anti-social behaviour swiftly and firmly, and focusing
be taken for granted. our efforts more effectively on the worst repeat
offenders, and the most serious crime and criminals.
Our criminal justice system, which has grown up
over centuries, is widely admired and copied. Since Some of these reforms are straightforward. Some
1997 we have built on its many strengths. We have will require consultation on how they can best be
invested to recruit record numbers of police and have delivered. Our intention is to stimulate a wide-
introduced a raft of new measures to tackle anti-social ranging public debate on the way forward, on
behaviour and lawlessness. Our youth justice system sentencing for example. Justice is a matter not just
has been transformed and sentences for serious for the Home Office or the Government but for our
offences have been toughened. whole society.

These changes have helped cut overall crime by a We are fortunate to live in this country, one of the
third since 1997. But crime and, crucially, the fear of most prosperous, fairest and safest in the world. The
crime, remain too high. The renewed terrorist threat, vast majority of people are decent and law-abiding.
rising global insecurity, mass migration and rapid Crime rates and the chances of being a victim of
social change also create new challenges for our crime are at their lowest for a generation. But we
criminal justice system. And there is increasing have to do more to give our country a criminal
public concern that it gives the wrongdoer better justice system it deserves. This document sets out
protection than the law-abiding. how we intend to deliver it. These changes add up to
a step change in the way our criminal justice system
Our criminal justice system, a product of history and protects us – both as individuals and as a society.
piecemeal change, has developed in an uneven way.
Its unfairness and savagery in Victorian times, for
example, led to a priority being placed on extra
safeguards for the accused. These rights are of vital
importance. But at times they can now seem to
overshadow the rights of the victim and the public John Reid
at large.

The immediate improvements we have put in place


have given us the breathing space needed for a
fundamental examination of how the criminal justice
system is working and, in particular, whether the
rights of the accused and those of the victim and the
community are correctly balanced.

3
Executive summary

An effective criminal justice system is the basis of a Putting law-abiding people and
civilised and prosperous society. Our legal system and communities first
police services are rightly esteemed throughout the We need to rebalance the system in a way that gives
world. But, just as the threats to our way of life are the law-abiding public much greater involvement in
evolving ever more rapidly, so we need to ensure that the criminal justice services they receive. That starts
change accelerates in the system which protects us all. with ensuring the needs of victims must be at the
heart of what the criminal justice system does.
This review reports on the Government’s plans to The Government has already done a great deal in
further rebalance our criminal justice system in introducing new services for victims and witnesses
favour of the victim and the law-abiding majority. (for example new rights and better information,
It sets out an ambitious but practical programme of giving victims and witnesses a voice and better
change that will benefit everyone except the people emotional and practical support) but these initiatives
who seek to undermine and destroy our way of life. We must be expanded further. We will do that by:
have a firm foundation of progress on which to build.
l ensuring that all members of parole boards
l Crime has fallen by 35 per cent since 1997 and making decisions on a serious violent or sexual
violent crime has also fallen significantly over offender have direct or indirect experience of
the same period (British Crime Survey 2005/06). being a victim or can demonstrate a strong
l The risk of becoming a victim of crime is the appreciation of victim issues;
lowest since the British Crime Survey began, l introducing a Victim’s Voice in the most
in 1981. serious cases heard by the parole board;
l 250,000 more offences are brought to justice l requiring all prosecutors to follow a new
each year than in 2001. pledge to take into account and protect the
interests of victims; and
l increasing the compensation that offenders
This has been achieved by tough legislative change,
pay, requiring violent offenders to meet the
by improved joint working across all the front-line
medical expenses of victims, and new powers
agencies but, above all, by refusing to accept that we
to allow the court to reopen cases beyond
can do nothing about crime, anti-social behaviour
current limitation periods, allowing victims to
and the exploitation of the system.
sue, for example if the offender later received
a windfall. We will consult on the proposals.
The review sets out the progress we have made, but
recognises there is more to do to deliver the service that
We have examined the Human Rights Act and
ordinary law-abiding families rightly expect from us.
whether it prevents the application of a common-
sense balance between the rights of individuals
(offenders in particular) and the rights of victims
and communities to be protected against harm.
We have found that the Act itself represents a
powerful framework to deliver this, and repealing or
amending the Act will not assist in rebalancing the
system. There are examples of court judgments (in
particular, the Chahal ruling in the European Court
of Human Rights) which stop us applying a proper
1.30pm, Friday 7 July, Baroness Scotland, Minister for
balance effectively. The review also identified
Criminal Justice and Offender Management, meeting examples of individuals or organisations being
stakeholders and staff at the launch of the Brighton overcautious in their interpretation of competing
and Hove Drug and Alcohol Treatment Service rights. To address this, we will:

4
Executive summary

l challenge judgments (especially the Chahal a sentence discount simply for the distress
judgment) that stop us from properly of being sentenced again;
balancing individual rights against protecting l change the way the Sentencing Guidelines
the public; Council works so that the Home Secretary and
l clarify that all relevant criminal justice criminal justice Ministers are the last to advise
agencies have a duty to protect the public on guidelines; and
underlined, if necessary, by legislation; l end the requirement that, in setting the
l restrict the ability of the plainly guilty to have earliest release date, judges should for
their convictions quashed because of a unlimited sentences automatically halve the
procedural irregularity, and will consult how term. It will also contain options for how they
this is best achieved in practice; should set the first possible date for parole.
l issue robust, practical, myth-busting advice
to practitioners on how rights should be Perhaps most importantly, if the criminal justice
balanced between offenders and the wider system is to command the respect of the law-abiding
community; and majority and offenders, it must deal effectively
l set up an advice service for front-line staff with those who flout the rules. For example, it
(like the police) to get clear advice on the must be firm with those refusing to comply with
application of human rights. community orders and bail. We have already got
much better at this but the review has revealed there
We need a sentencing framework that has public is more we can do to ensure that offenders comply
confidence. We have already taken significant steps with their sentences and give front-line staff more
to ensure the robust and consistent sentencing the power to deal with those who breach we will:
public expects, including the introduction of new
unlimited sentences for serious offenders who pose a l introduce an integrated enforcement service
risk to the public. However, the review has revealed nationally by 2007/08;
that, despite this progress, and the willingness of the l consult on new targets for swifter return of
judiciary to use these new sentences, we have not yet those who breach bail to court, and use
convinced the public that the sentencing process is police–court live television links to make
delivering what it must. it easier;
l begin phased national implementation of new
We are in this review announcing clear action to powers to ensure that courts operate to a new
address some issues of immediate concern. But the presumption that offenders who breach bail
Home Secretary, Lord Chancellor and Attorney and offend while on bail will be remanded in
General believe that there is also a wider set of issues custody. We will start with those who commit
which needs further detailed discussion. The three more serious offences;
Ministers will therefore bring forward a consultation l speed the return to court of bailed defendants
on a range of sentencing and related issues shortly. who fail to appear by restricting the use of
In the shorter term, and in consultation with the ‘warrants with bail’. We will consult on how
Sentencing Guidelines Council and others, we will to do so;
act to: l speed the return to custody of offenders who
breach their licence conditions, including a
l give judges discretion to end the automatic tough new target for serious offenders; and
one-third discount on sentence length given l consult on giving probation staff the power
for an early guilty plea; to vary the punishment an offender serves
l stop offenders who are re-sentenced after an depending on their behaviour, without having
appeal against lenient sentences being given to go back to the court.

5
Rebalancing means our courts should not be remote of crime and anti-social behaviour; but we should
and inaccessible to the public. There is a perception tackle minor crime swiftly and efficiently so that we
that the criminal justice system is out of touch with can put more time and effort into dealing with repeat
the realities of modern life. The way to address this is offenders, and with serious and violent crime.
by making justice a community matter where the
public are more closely involved in seeing and taking While overall crime is down, and we are bringing
part in the process. That is why we will: more offences to justice, violent crime has not fallen
as quickly as high-volume crime like burglary or
l roll out the community justice approach in vehicle crime. In order to put more focus on serious
more areas, which will create stronger links crime and protect the public from dangerous and
between the judiciary, magistrates, prosecutors violent offenders, we will:
and the communities they serve;
l extend Community Payback, which gives l build an additional 8,000 prison places and
communities the chance to choose what will keep under close review whether more
unpaid work offenders do; and are needed;
l reform the way the criminal justice system is l increase the maximum penalty for carrying
held to account for the way it treats people a knife without good reason to four years;
from all ethnic communities, with a l introduce Violent Offender Orders to provide
programme of work to improve the the courts with tough new powers to manage
response to crimes motivated by racial and dangerous violent offenders beyond the period
religious hatred. of their sentence with penalties of up to five
years for breach of conditions;
We want a Police Service that is more localised l take tougher new action on alcohol, with new
and delivers the highest professional standards. We powers for trading standards officers to act
have already done a great deal to make that happen against those selling alcohol to children or
but the review has confirmed the need to do more to those who are drunk, and a new ‘alcohol
make the police genuinely visible and responsive to intervention programme’;
people, dealing effectively with the crime and anti- l change the rules for parole decisions, so that
social behaviour that concern them and can blight any decision to release an offender into the
people’s lives. To achieve this, we will: community must be made unanimously;
l consult on measures to make the cost of
l provide a dedicated neighbourhood policing remand and sentencing decisions more
team in every area by April 2008; transparent to local courts;
l put in place improved service standards in all l implement tough new measures to prevent
forces by November 2006 (for example will criminals from continuing their illegal
make it easier to contact the police); and activities in prison; and
l introduce a community call for action, to l consult on an ambitious new target for seizing
trigger a response from police (or other the assets of criminals and increase the
agencies) where communities feel that their involvement of the private sector in
concerns are not being addressed. asset seizure.

Gripping offenders to cut crime, reduce Unchecked low-level offending can lead to more
reoffending, and protect the public serious offending and cause great damage, nuisance
The review has confirmed that the central aim, as we and harm. For low-level crime and anti-social
rebalance the system, must continue to be to reduce behaviour the public expects fast, effective action
crime but that we need to get smarter about the to address local problems and punish offenders.
way we do that. We can and should tackle all types To deliver that, we will:

6
Executive summary

l increase the take-up of anti-social behaviour A simpler, swifter, fairer system to


powers, and reduce the variation in local support rebalancing
performance, with anti-social behaviour and The system that underpins all this needs to be less
Respect indicators in every local area; bureaucratic and faster. 21st-century crime requires
l introduce Parental Compensation Orders in 21st-century solutions. To deliver that, we will:
ten areas from summer 2006 to make sure
parents take responsibility for the damage l introduce a new, simplified performance
their children cause; framework for crime, drugs and policing by
l publish proposals about what new powers 2007/08 so we can streamline the mechanisms
might help us to cut low-level crime and anti- to keep track of police performance and
social behaviour even further; and prevent them from being too burdensome;
l make it easier to collect fines directly from l issue a consultation paper in summer 2006 to
income or benefits including consulting on seek views on improvements to the Police and
compulsory as well as voluntary deductions Criminal Evidence Act, to improve practice
at the point of sentence. and cut bureaucracy; and
l start and support an increasing number of
There is a continuing need to tackle the most locally focused improvement projects learning
prolific offenders, including drug users. A small from the front line and gaining new skills.
minority of offenders in England and Wales are
responsible for a disproportionate amount of crime. In courts, we have made the management of cases
As part of our smarter approach to crime, we need to more effective but processes can still be lengthy and
ensure we are focusing on the group that are causing valuable court capacity is still tied up dealing with
the most harm, giving them tough choices, but thousands of low-level offences where the offender is
always aiming to stop their reoffending. To do that, already pleading guilty. That is why the Lord
we will: Chancellor and the Attorney General have been
developing proposals to simplify, streamline and
l combine our prolific and priority offenders speed up the prosecution and court systems,
programme with our Drug Interventions including to:
Programme, and overhaul our approach to
high-harm drug users, with tougher l expand the use of Conditional Cautions –
conditions, tougher enforcement, and new provisions, including on enabling punitive
follow-up assessments; conditions, are being taken forward in the
l work with the Lord Chief Justice and Police and Justice Bill;
sentencers to ensure that probation resources l develop ‘bulk processing’ by the court for non-
are targeted on the offenders who most need it; contested cases for regulatory offences like TV
l bring in expertise from the private and licences, to free up local court capacity;
voluntary sectors to drive up the quality and l work with the judiciary to introduce practical
performance of community punishments; and measures to speed up magistrates’ court and
l consult on a new power for the courts to Crown Court processes, including greater use
impose extended sentences with tough of live television links and measures to achieve
conditions on the most persistent offenders, ‘next day justice’;
to prevent them causing more harm in l work with the judiciary to test out a variety of
the future. approaches to take courts closer to local
communities; and
l work with the judiciary to take steps to reduce
the length and costs of very high cost cases in
the Crown Court, and we are consulting on

7
sanctions to address where the defence fail to
follow court orders.

We are using modern technology to revolutionise


the experience of those who work in criminal justice
and those who use its services. We will continue
to exploit all the opportunities this provides,
including by:

l further developing the use of CJS Exchange


to develop innovative ways of sharing
information on offenders across the criminal
justice system as a whole;.
l increasing the use of live television links to
improve efficiency and reduce stress for
victims and witnesses giving evidence in
court; and
l improving the use of DNA technology in
detecting crime.

8
Chapter 1:
Introduction

1.1 A properly functioning criminal justice system 1.6 In addition, family structures have changed,
is the foundation of civilised society. Without with higher divorce rates, more single-parent
effective policing, an efficient court system, families, and fewer extended families living
and mechanisms for both punishing and together. Tightly-knit geographical
rehabilitating offenders, a fundamental part of communities are giving way to communities of
government’s contract with the citizen would be interest, which can be spread across the globe.
overturned, and we would return to a primitive This makes for a richer life for most of us; but
world of revenge and vigilantism. it also diminishes our sense of familiarity and
safety in our local community; and reduces
1.2 We are a pioneering nation in criminal justice. levels of what is known as ‘informal social
Our court system is one of the oldest and most control’, whereby figures of authority in a
highly respected in the world. We pioneered community act as a check on the behaviour of
policing, and our police forces are reckoned others. This lies at the root of anxieties about
among the finest in the world. And we also levels of respect and about anti-social behaviour.
led the way in prison reform and in the
development of probation services, making sure 1.7 Thirdly, as a society, we have steadily become
that our penal system was about rehabilitation more affluent; and more and more of us now
as well as about punishment, so that it protects expect a high standard of living as a right.
the public in the long term as well as in the Aspirations are being levelled more quickly
short term. than incomes. We own far more, but we also
want far more and, in addition, we own a large
1.3 This is a proud history. But we must make sure number of small, portable, valuable items which
that, as well as having a long pedigree, our are relatively easy to steal and sell. Some 78 per
system is fitted for the modern world, and that cent of UK households now own a mobile
we continually challenge it to make sure that it phone (Office for National Statistics,
supports its fundamental purpose of delivering Expenditure and Food Survey, Family Spending,
justice which keeps citizens safe. 2004). And acquisitive crime is also driven by
drug addiction, with a very high proportion of
A changing context those involved in shoplifting and theft stealing
1.4 In many ways, we are safer in the modern world to feed a habit.
than we have ever been before; and the long arm
of the law reaches further. But new challenges 1.8 At the same time, our expectations of the
have taken their place. criminal justice system have increased. We
know far more about crime than we ever have
1.5 These challenges cannot be accommodated by before – not just in terms of the statistics we
the piecemeal shifting of priority and policy. gather, but in terms of what we see and hear
They are manifestations of the seismic changes around us in the media. A better connection
that have been brought about by globalisation. between the police and public means we report
The frozen certainties of the Cold War have far more crime to the police. The British Crime
melted into torrents of new challenges – Survey, which asks victims of crime whether or
including mass migration, international not they have reported incidents to the police,
terrorism, and organised crime. Technology – shows that the proportion of crimes reported
including the internet – offers new has risen significantly during the 25 years the
opportunities for crime, as well as new ways of survey has been running. Crimes which were
combating it. Our system needs to keep pace once hidden are now more visible. We cannot
with these new challenges if we are to keep know, for example, whether there are more
people safe. attacks on children now than used to be the case

9
– we can only know that we are aware of completely between 1995 and 1998 and in that
more, and that we still find them utterly period no newly qualified probation officers
unacceptable. entered the system at all. Since then, we have
driven significant reforms that have delivered
1.9 So, rightly, as we become aware of more crime, real progress in improving our criminal justice
we expect more to be done to deal with it. agencies, joining up services, reducing crime
We expect the system to work in favour of the and getting better at bringing offences to
law-abiding. This clearly means that the public justice, improving how victims and witnesses
should be protected from serious and dangerous are treated, enforcing our justice system better
crime; but it also means that no one should be and making our laws more fit for the 21st
able to break the law with impunity. Playing century.
fair should bring rewards. Not doing so should
lead to punishment. Increasingly, we expect l Crime has fallen by 35 per cent since 1997 and
our system to be able to deal with the full
violent crime has also fallen significantly over
range of offences, from the most serious to the
the same period (British Crime Survey 2005/06).
most minor. l The risk of becoming a victim of crime is the
lowest since the British Crime Survey began
1.10 The modernisation of the criminal justice
in 1981.
system is therefore not yet complete. The l After falling for a number of years, public
system has been improved a great deal over the
confidence in the criminal justice system is now
past decade but it is still not good enough. The
on the rise (British Crime Survey 2005/06).
result of the success we have had is that we can l Worry about anti-social behaviour has fallen by
now address the remaining failures. In 1997, we
almost a quarter since we introduced our
inherited a system that was poorly funded and
Respect programme (British Crime Survey
poorly performing. Partly as a result of
2005/06).
administrative failure and partly as a result of
legal culture, the interests of the victims of
crimes had not been taken seriously enough. 1.13 We have given individual criminal justice
A fundamental reassessment was not possible agencies greater resources and more
while the system was so poor. powers. We now have a record 141,270 police
officers in England and Wales, and over 6,300
1.11 This document looks at the whole system – Community Support Officers (Police Service
from policing through courts to prisons and Strength – Home Office Statistical Bulletin,
probation – and sets out clear action for reform. January 2006) working with them as a visible
It looks at sentencing and human rights, at how presence on the streets. We have driven up the
to give victims a stronger voice, at how we can performance of the Crown Prosecution Service,
work smarter to cut crime, at how we can which is now properly funded and employs over
concentrate our efforts on the worst repeat 2,800 prosecutors, playing a far more active
offenders. But first it is worth reflecting on how part throughout a case. Since 1996 there have
far we have travelled. been no escapes of Category A prisoners, prison
resources have risen by 35 per cent in real
Successes terms, there are 19,000 more prison places,
1.12 In 1997, the Government inherited a system and there has been a significant increase in
that was ill-equipped to do even the basics. front-line probation staff.
Police numbers were falling, the Crown
Prosecution Service was struggling and under- 1.14 But modernising our systems has been about
funded, probation training had stalled more than simply improving the performance of

10
Chapter 1:
Introduction

individual agencies, it is also about joining up from 55 per cent in 2002/03 to 83 per cent
services. In the past, the police, prosecutors, in 2005/06.
the courts, prisons and probation all tried to
improve performance in isolation. This led to 1.18 We have begun to modernise our laws to
some significant successes; but too often ensure they properly reflect reality and let us
improvements in one agency were not carried take pre-emptive action to tackle bad behaviour
through to others; and, at worst, attempts to before it gets out of hand. We have introduced
improve speed or quality in one place actually new powers and penalties that let us deal with
reduced performance elsewhere. low-level disorder quickly and simply –
including Penalty Notices for Disorder, which
1.15 This Government has brought the agencies that can be handed out for yobbish behaviour on the
work in the criminal justice system much closer streets. For the first time in over a century, we
together. This starts from joint leadership by have overhauled the legislation on sex offences
the Home Secretary, the Lord Chancellor and to ensure we have the powers we need to
the Attorney General, including through the monitor those convicted. Other legislation has
creation of the Office for Criminal Justice allowed us to seize the money criminals make
Reform, and is backed up by the national and from their crime unless they can prove it has
local Criminal Justice Boards which bring all been honestly come by; require serious and
the key partners together. We have put tough prolific drug offenders to attend drug
multi-agency management and monitoring assessments; make it easier for courts to hear
arrangements in place for high-risk serious and about previous bad behaviour; and remove the
dangerous offenders in the community. Targets double jeopardy rule for serious cases, meaning
are now increasingly shared rather than the defendant can be tried again where
individual. For example, all the criminal justice compelling new evidence is found. We have
agencies have worked together to bring more improved sentencing through the Criminal
offences to justice. We are well ahead of our Justice Act 2003, which introduced unlimited
target, with 1,272,000 offences brought to sentences for violent and sexual offenders who
justice in the year ending December 2005 are judged to pose a risk to the public. Courts
compared with 1,002,000 in the year ending are using the new sentences. We have also
December 2002 – more than ever before. expanded places in prison by 19,000 since 1997
to make sure we can keep the public safe from
1.16 Victims and witnesses are no longer dangerous people.
marginalised by the system. We have almost
trebled the funding for Victim Support since 1.19 We have achieved a great deal of which we
1997 and brought in a code of practice for should be proud – and our achievements have
victims of crime. We have introduced victim changed and saved lives – but there is more we
personal statements – so that victims have a say can and should be doing. Having taken stock,
in court about how a crime has affected them – our conclusion is that the system needs more
and changed the rules to allow prosecutors to balancing and much better enforcement,
speak to victims and witnesses before a trial. coupled with a drive to ensure 21st-century
We have also introduced Witness Care Units, laws for 21st-century crimes. That is the
providing support for victims and witnesses public’s conclusion too; they rightly expect high
throughout the legal process and are piloting standards of service from all public institutions,
victims’ advocates schemes in five areas. and the criminal justice system is no different.

1.17 The orders of the court are being enforced


better. The payment rate for fines has improved

11
Rebalancing the whole of the criminal should be in prison, and which should be
justice system, from end to end punished in the community, and get far better
1.20 Despite all that has been achieved, people at assessing and reducing risk.
continue to believe that the system treats those
accused of crime fairly. In the latest British 1.25 Overall, we need to do more to tackle the crime
Crime Survey (2005/06), 80 per cent of that people are most worried about, in the most
respondents thought our system was fair to the appropriate way. The public are clear about
accused; only 36 per cent were confident that it what they expect of a criminal justice system in
meets the needs of victims. the 21st century. People want us to put more
focus on serious and violent crime; but they
1.21 Despite substantial progress, there is still more want us to deal with low-level anti-social
we could do to improve the treatment of behaviour. The staff who work in the criminal
victims and witnesses and rebalance the system. justice system want to deliver a modern, simple
and effective service without being over-
1.22 There are still cases, for example, where rules burdened by bureaucracy and regulation. We
and regulations are perceived to be getting in can and should be doing all of these things, but
the way of common-sense justice. For instance, clearly not all in the same way for every crime.
there are cases where plainly guilty offenders are We need to do far more to tailor our approaches
released on technicalities, or where offenders are to different offenders and offences, getting the
given significant time off their sentences for appropriate response to fit the crime – ‘smarter
pleading guilty, despite having been caught justice’.
red-handed. The Human Rights Act and the
European Convention on Human Rights – 1.26 To do this, we need to build on the foundations
which are essential protections for all of us – we have laid – and look at how we can do more
have been misunderstood and misquoted, to serve the law-abiding, tightly grip offenders
sometimes preventing the proper protection of through every part of the process, and
the public. Despite major reforms, our system streamline and improve our systems to support
of sentencing is still too complicated and this. Only by continuing to look at the whole
obscure – so that, although many more system together will we be able to rebalance the
offenders are going to prison now than ten years criminal justice system in favour of the law-
ago and prison sentences are getting longer, abiding majority and victims and, as part of
there is a public perception that sentencing is that, do more to cut crime, reduce reoffending,
soft and getting softer. High-profile examples and protect the public.
of apparently lenient sentences can also
damage confidence. This document – action and consultation
1.27 This document is the result of a review which
1.23 We also still have a system where those from has been carried out inside government,
certain ethnic groups are disproportionately informed by experience and research, and by a
more likely to be arrested, to be convicted of a programme of ministerial visits to gather ideas
serious crime, and to be imprisoned. The system from the front line. In many areas, we are
needs to be rebalanced in favour of the law- confident that we know what action needs to be
abiding; but we also cannot tolerate a justice taken in order to further rebalance our system,
system that contains any built-in unfairness and we set out clear proposals for change in the
based on race, creed or colour. chapters that follow, with timescales and
milestones. In other areas, we are using this
1.24 We are not using prison well enough. We need document to begin a process of wide
to be clearer about which types of offenders

12
Chapter 1:
Introduction

consultation, and we invite views on the


proposals we are setting out.

1.28 We have consciously designed this document


according to what we need to do throughout
the system, from end to end.

l The next chapter, Chapter 2, begins by


setting out how we will respond to what
victims and the law-abiding really want
from our system – better treatment and a
stronger voice for victims and witnesses;
fairer sentencing; better enforcement; and
more responsive policing.
l Chapter 3 looks at how we will grip
offenders to cut crime, reduce reoffending,
and protect the public. It looks at the
spectrum of offences and offenders, from
minor offences and anti-social behaviour,
through prolific offenders, to the serious and
dangerous from whom the public needs
protection.
l Chapter 4 looks at how our system needs
to change – at how we can join it up more
effectively, stop technicalities and
bureaucracy getting in the way, and make
best use of technology.
l Chapter 5 sets out our plans for action,
with clear timescales and milestones.
l Chapter 6 concludes the document
and invites comments on the points
for consultation.

1.29 Clearly, this document is the beginning rather


than the end of this critical phase of our work
to rebalance the system. But we believe it sets
a clear direction for a system of ‘smarter justice’
that is genuinely just and fulfils its purpose as
one of the cornerstones of democracy.

13
Chapter 2:
Putting law-abiding people and communities first

2.1 If we are serious about putting the law-abiding


first, we need to be clear about what they most
What we have done to support victims
want from the criminal justice system. The and witnesses
2004/05 British Crime Survey tells us that Better emotional and practical support
reducing crime, bringing people who commit We now spend over £230 million annually on
crimes to justice and dealing with cases supporting and compensating victims of crime.
promptly and efficiently are the most important Victim Support funding has risen to £30 million
issues for the public. in 2005/06 – almost three times the 1997 level.
One of the things this has enabled Victim Support
2.2 We know that people want to be treated to do is establish a witness service in every
properly if they are a victim of crime, or if they criminal court to provide support to witnesses
are a witness to a crime they want to be given on the day. We are also improving services for
help, support, advice and a chance for their witnesses before they go to court: 165 Witness
voice to be heard. They want to give evidence Care Units have now been set up, run jointly by
without fear of reprisals. They want to know the police and the Crown Prosecution Service,
that if they were arrested and convicted, they to provide advice and support to victims and
would be treated fairly. But, most importantly, witnesses throughout the process – from charge
they want to see the system delivering justice – to disposal.
with fairer sentencing and fewer occasions when
the system seems to let the offender off the There will be separate waiting rooms for
hook. defendants and witnesses in 90 per cent of all
magistrates’ courts by 2008. Ninety per cent of
2.3 In addition, we know that the public want Crown Court Centres now have television links to
community policing which is visible and support victims in giving evidence – easing the
responsive, and allows them to live and work pressure of giving evidence and tackling witness
without fear of crime. intimidation.

2.4 We will put public confidence measures at the New rights and better information
heart of our reform plans, with clear targets for The Code of Practice for Victims of Crime came
increasing confidence in what we do throughout into force in April 2006 and gives victims legal
the system. rights for the first time. It defines a minimum
level of service which can be measured and
establishes a right of complaint to the
Treating victims and witnesses better
Parliamentary Ombudsman. We plan to introduce
2.5 The needs of victims must continue to be at the
a non-statutory Witness Charter that will set out
heart of what the criminal justice system does.
the levels of service that prosecution and defence
They must be treated properly throughout
witnesses can expect to receive from agencies and
the system – with help, support, advice, and a
legal practitioners.
chance for their voice to be heard. In December
2005, the Government published far-reaching
The Code of Practice for Victims of Crime also
proposals to improve the support we provide
obliges every criminal justice agency to provide
to victims.
better information to victims at all key points of
their case’s progress. The Crown Prosecution and
Probation Services have changed their practices to
make sure they do this, and have introduced new
services to offer practical support.

14
Chapter 2:
Putting law-abiding people and communities first

the same way as a driver who has caused a road


Giving victims and witnesses a voice
traffic accident pays towards the cost of any
We have introduced victim personal statements –
injuries they cause. To make it easier for victims
so that victims have a say in court about how a
to sue offenders in the civil courts, we propose
crime has affected them – and changed the rules
reforming the current law of limitation. This
to allow prosecutors to speak to victims and
would give the court the discretion to reopen
witnesses before a trial. We have established the
cases beyond current limitation periods,
Victims Advisory Panel – a group of victims of
allowing victims to sue if the offender later
crime who make recommendations to Ministers
receives a windfall, for example. We will consult
about how to improve the criminal justice system.
on all these proposals.
We are recruiting a Commissioner for Victims and
Witnesses to act as a figurehead to champion their We will:
interests. The Commissioner will promote victims’
interests at the highest levels of government and l ensure that all members of parole board
the media, and will also be responsible for keeping panels making a decision on a serious
the Victims’ Code of Practice under review. We are sexual or violent offender have direct or
also piloting the introduction of victims’ advocates indirect experience of being a victim of
schemes in five locations, who will give the crime or can demonstrate a strong
relatives of homicide victims better support before appreciation of victims’ issues;
a trial, free legal assistance, and the choice of
addressing the court in person about the impact l introduce a Victim’s Voice in the most
of the crime on them (after the offender is serious cases before the parole board;
convicted, but before they are sentenced).
l require prosecutors to follow a new
pledge to take into account and protect
2.6 We intend that every new member recruited to
the interests of victims; and
a parole board will have direct or indirect
experience as a victim of crime, or will be able l increase the compensation that offenders
to demonstrate a sound awareness of victims’
pay, requiring violent offenders to meet
issues. We will also enhance training for all
the medical expenses of victims, and new
parole board members in victims’ issues. We
powers to allow the court to reopen cases
intend to introduce a Victim’s Voice, which will
beyond current limitation periods, allowing
enable the concerns of victims in the most
victims to sue, for example if the offender
serious sexual and violent cases to be put
later received a windfall. We will consult
powerfully to the panel hearing the case, as well
on how this is to be done.
as dealing with public safety issues.

2.7 The Attorney General will set out a prosecutor’s Rules that don’t privilege the offender
pledge which requires all prosecutors to take over the victim
into account and protect the interests of victims 2.9 It is essential that we have a criminal justice
at every point in the case from charge to appeal system which treats all individuals fairly.
in all types of case. That includes those suspected or convicted of
crimes. People must be treated fairly, and
2.8 We also think that offenders should contribute discrimination stamped out. But those checks
more to compensate for their crimes. We must not limit our capacity to protect the
propose requiring violent offenders to meet the public from harm and provide victims of crime
costs of medical expenses for their victims, in with the support they need. That means

15
striking the right balance between individual the case for the deportation of a dangerous
rights and those of the law-abiding majority person. We believe that this goes against the
and, in particular, of victims. fundamental principle in the Human Rights
Act that individual and collective rights can
2.10 The issue of human rights polarises debate. and should be balanced against each other.
On the one hand, they are characterised as a That is why, in the context of the current threat
criminal’s charter which allows the undeserving posed to this country and its people by
to flout the system by fraudulently claiming international terrorism, we are working with
rights to which they should not be entitled. our partners in Europe to challenge this as
On the other, it is seen as an inviolable list of vigorously as possible.
entitlements which the state must accommodate
in perpetuity regardless of whether they conflict 2.14 In addition, we need to do more to ensure that
with those of public safety or no longer reflect the Human Rights Act is not misinterpreted to
the modern global reality. Neither view helps prevent action to protect the public. In the light
us. We need to have a rational debate which of recent cases such as the tragic murder of Naomi
acknowledges that we must have a robust Bryant, we are conducting a thorough review of
approach to securing rights but also how police, probation, parole and prison services
acknowledges that, where these conflict, a balance public protection and individual and
balance must be applied which properly collective rights. If necessary, we will legislate
secures the safety of the law-abiding majority to ensure that public protection is given priority.
in a changing global context. This could include a requirement that agencies
share data to protect the public – to make it
2.11 The Human Rights Act provides a powerful clear that the Data Protection Act should be no
framework to deliver this. We have reviewed the bar to this.
Human Rights Act, looking in particular at the
way it impacts on the criminal justice system. 2.15 We will restrict the ability of those the courts
agree are guilty to have their convictions
2.12 The Government does not accept the argument quashed on a technicality, and will consult on
that we should repeal the Act. The Act gives how to do this.
effect in UK law to the provisions of the
European Convention on Human Rights, 2.16 In other cases, organisations or individuals are
to which we have been bound for over half a over-cautious in their interpretation of
century. This sets out the rights that represent competing rights. Sometimes, misreported cases
the basic principles of human decency, but also gain credence and become urban myths,
contains provisions which permit exactly the fostering the idea of a system skewed in favour
sort of balanced approach that allows the courts of the offender in a way that defies common
to weigh up the freedom of the individual sense. To combat this, we will make better
against the right of the public to be protected. practical ‘myth-busting’ advice and guidance
available to those working at the front line –
2.13 But we will be robust in addressing the areas which, for example, would deal with issues such
where the European Court of Human Rights in as agreeing with police forces the circumstances
Strasbourg interprets the Convention in a way in which ‘mugshots’ might be published.
that stops us applying a proper balance
effectively. In the 1996 Chahal case, the Court 2.17 We will create an advice service to allow front-
found (by a narrow margin) that the UK line practitioners to obtain fast online access to
Government could not consider the protection relevant legal resources – so that if they are
of the public as a balancing factor when arguing worried that something they want to do might

16
Chapter 2:
Putting law-abiding people and communities first

conflict with the Human Rights Act, they can 2.19 The Government has taken steps already to
check quickly. We will also institute a routine secure the robust and consistent sentencing the
process of review through a scrutiny panel public rightly expects. We introduced the
(made up of practitioners and lawyers) reporting Sentencing Guidelines Council to promote
to the National Criminal Justice Board, which greater consistency in sentencing. The Criminal
will scrutinise the application of rights and Justice Act 2003 changed the system,
ensure that the approach to administration is introduced in 1991, which meant prisoners who
robust and fair. It will propose further changes had committed extremely serious offences were
to the law and guidance where it detects automatically released at the two-thirds point
problems or imbalances. of their sentence regardless of the danger they
presented to the public.
We will:
2.20 For serious offenders judged to pose a risk to the
public, we have now provided unlimited
l challenge judgments (especially the
sentences (indeterminate sentences for public
Chahal judgment) which stop us from
protection), which mean that offenders can only
properly balancing individual rights
be released once the parole board judges that
against protecting the public;
they no longer present a threat to the public. In
some cases, this will be never – so that life really
l clarify that all relevant criminal justice
does mean life. These sentences are already being
agencies have a duty to protect the public
used by sentencers. Between April 2005 and
and may legislate to underline this;
July 2006, around 1,120 offenders were given
these unlimited sentences.
l restrict the ability of the plainly guilty to
have their convictions quashed because
2.21 But, despite this progress and the willingness
of a procedural irregularity and consult on
of the courts to use the new sentences, we have
how this is best achieved in practice;
not convinced the public that the sentencing
process is tough enough for the most dangerous
l issue robust, practical, myth-busting
offenders. We have therefore looked again at the
advice to practitioners on how rights
system. This review has identified a number
should be balanced between offenders
of issues that need to be addressed.
and the wider community; and
Discounts for guilty pleas
l set up an advice service for front-line
2.22 Clearly, there are sensible reasons for giving
staff (like the police) to get clear advice
offenders a shorter sentence if they plead guilty
on the application of competing rights.
at the earliest possible point. Without this, the
incentive would always be to plead not guilty,
and hope to avoid conviction. Pleading guilty
Fairer sentencing, meeting the needs also saves the victim and their family the pain
of the community of lengthy court proceedings. But the current
2.18 Courts must pass sentences that both protect rules are too restrictive, especially where an
the public and reduce crime. High-profile offender has been caught red-handed. We want
examples of lenient sentences and the apparent judges to have more discretion, so that they no
complexity of the process have given rise to longer have to reduce the minimum sentence
public concern that this is not happening. they impose by up to a third, regardless of the
circumstances. In future, judges should be able
to reduce or remove the discount for an early

17
guilty plea altogether where the evidence 2.27 We will consider carefully whether there should
against the defendant is overwhelming. be more discretion for judges to identify a
small number of determinate-sentence offenders
2.23 We will also change the rules on what happens whose offences are not serious enough for them
when the Attorney General refers a case to the to be given unlimited sentences, but who
Court of Appeal for being unduly lenient. nevertheless should not be released
At present, the Court gives a discount to the automatically at the halfway point, because of
offender on being re-sentenced to reflect the serious concerns about the risks that they pose.
anxiety they are alleged to feel at going through
a sentencing hearing a second time. We have 2.28 As we address these issues, we will begin a
already abolished this practice in murder cases wider public conversation on how we can
and will now abolish it for all life and reform sentencing and release arrangements to
unlimited sentences and limit it for restore public confidence, and make sentencing
other sentences. clearer and easier to understand.

Sentencing Guidelines Council


Parole dates for those serving life or
2.29 We will work with the Sentencing Guidelines
unlimited sentences
Council to streamline the process for developing
2.24 At present, when judges award an unlimited
and issuing sentencing guidelines, and make it
sentence, including a life sentence, they explain
clearer for the public. At the moment, proposals
the minimum term that the offender must
around the same guideline are issued several
serve. To calculate this, they decide on a tariff
times – there is a draft guideline, then a
for punishment purposes and then set the first
Government response, then a response from the
possible release date at the halfway point of
Home Affairs Select Committee, and finally the
this tariff.
ultimate guideline. This can lead to confusion
and duplication. We shall explore with the
2.25 In fact, very few offenders on unlimited
Council whether this can be simplified.
sentences will be released at the halfway point –
it is just the earliest point at which their release 2.30 We also believe it would make more sense if the
can be considered by the parole board. But it views of Parliament expressed through the
gives the public the impression that dangerous Select Committee were obtained before those of
people might be released after a very short time; the Government, so that the Home Secretary
and we believe it is wrong to automatically and criminal justice Ministers can reflect on the
apply this principle to ‘halving’ the sentence draft guideline and the views of the Select
tariffs for dangerous offenders. We will consult Committee, respond to the draft and make
on a range of options for ending this convention clear if, in their view, the draft guideline is
and will give the courts the discretion to make consistent with the relevant legislation.
dangerous offenders serve a higher proportion of
their tariff. Further consultation
2.31 We are in this review taking clear action to
Release dates for determinate sentences address some issues of immediate concern.
2.26 Under the Criminal Justice Act 2004, prisoners But the Home Secretary, Lord Chancellor and
given determinate (time-limited) sentences for Attorney General believe that there is also a
non-violent or less serious violent offences wider set of issues which need further detailed
automatically serve half of their sentences in discussion. The three Ministers will therefore
prison and half in the community, supervised by bring forward a consultation on a range of
the probation service. sentencing and related issues shortly. This will
include proposals on how to make sentencing

18
Chapter 2:
Putting law-abiding people and communities first

decisions clearer and whether to provide more that, the public – and importantly the offender
discretion to judges about keeping prisoners in – will not respect the system. Performance has
beyond the halfway point of their sentence if it already improved. We have increased the
is clear that they pose a serious risk to the enforcement of fines, and the number of
public, even if the offence is not serious enough outstanding ‘fail to appear’ warrants was
to justify an unlimited sentence. reduced by 28 per cent in 2005/06. But we
must do more. Where offenders do not comply,
we must make sure that there are serious
We will:
penalties for breach.
l give judges discretion to end the
2.33 With cross-government partners, we will
automatic one-third discount given for an
introduce a National Enforcement Service to
early guilty plea;
clamp down on those who do not pay fines or
comply with the orders of the court. The Service
l stop offenders who are re-sentenced after
will, by 2007/08, be a partnership between
an appeal against a lenient sentence
criminal justice agencies (including the police)
being given a sentence discount simply
in England and Wales, offering:
for the distress of being sentenced again;
l much better intelligence and data sharing;
l change the way the Sentencing Guidelines
l enhanced collaboration between agencies for
Council works so that the Home Secretary
faster processing of warrants and more
and criminal justice Ministers are the last
efficient deployment of resources;
to advise on guidelines;
l smarter targeting of those who fail to comply,
with a particular focus on wilful fine
l consult widely on how we can make
defaulters, those skipping bail and
sentencing clearer;
community penalty breaches;
l systematic implementation of best practice
l end the requirement that judges should
including the lessons learned from Operation
automatically set the earliest possible
Payback and Turn-Up;
release date at the halfway point of the
l a more professional body of enforcement
punishment tariff for those serving
agents; and
unlimited sentences, and consult on other
l better tools and specialist equipment,
options for setting the first possible date
including links to the Police National
for parole; and
Computer and a credit reference agency
database for front-line staff.
l consult further on whether there should
be more discretion for the courts to keep
2.34 We have already changed the law to ensure that
some prisoners serving fixed-length
when an offender breaks a community order,
sentences in prison after the halfway
sentencers must do something about it. Simply
point of their sentence, where there are
returning the offender to their community
clear and significant risks to the public.
penalty for another chance or a fine (as they
often did in the past) is no longer an option.
Compliance and enforcement In every case where an offender is ‘breached’ for
2.32 As well as ensuring appropriate sentences are not complying with their order, the magistrate
passed, the public expect the system to enforce or judge must now punish them, either with
them effectively with robust measures to make extra community punishment (for example,
sure people comply with court orders. Without more hours of unpaid work) or with custody,

19
even if the original sentence was not punishable not turning up and it still takes too long to
by imprisonment. catch them and deal with them.

2.35 Working together, probation and court staff are 2.39 We need to send a clear message to people who
getting better at bringing offenders who breach breach bail that they can expect to be:
back to be dealt with. But sending offenders to
l caught quickly;
court to be sentenced for breaching their
l brought back before the court quickly; and
community order is a time-consuming process.
l dealt with robustly by the courts rather than
It wastes court resources and lets offenders off
simply let out on bail again.
the hook for too long.

2.36 It should always be open to the supervising 2.40 Local criminal justice areas now collect data on
officer to return to court someone whose breach the speed with which they bring bail breachers
requires a much more serious penalty. But back to court. We will set local and national
professional probation staff should be able to targets for speed of warrant execution in
deal with most breaches directly themselves. consultation with local areas, with a view to
We will therefore consult on giving offender implementation from April 2007. These targets
managers the power – within a framework set will prioritise getting the most serious and
by the court at the time of sentence – to vary prolific offenders back before court quickly.
the punishment an offender serves depending on
their behaviour, without having to go back to 2.41 Once the police have found a bail breacher, it is
the court. critical that they can take effective action. At
present, courts can issue either a ‘warrant with
2.37 We also want to make sure that people who bail’ or a ‘warrant without bail’ when someone
breach bail, by failing to attend court, are on bail fails to attend. But warrants with bail
dealt with quickly and effectively. We have cut just mean that the person who has not attended
the number of outstanding warrants for failing is served with another piece of paper telling
to appear by over 43 per cent from 65,321 to them to appear at some future date. So we will
37,339 since August 2004 and have a target restrict the use of warrants with bail, so that,
to cut this to 33,598 by March 2007. Some except for the most minor of offenders, anyone
90 per cent of warrants for failure to attend failing to appear in answer to bail can expect to
are now notified by the courts to the police be taken into police custody as soon as they
within one working day compared with just have been found until they can be brought
61 per cent in April 2005. before the court.

2.38 We have also been encouraging application of 2.42 We will also use new technology to ensure a
the Lord Chief Justice’s Practice Direction on faster and more effective response to those who
Bail. The practice direction promotes the use of fail to appear. For example, we are working
trials in the absence of the defendant where he with the London Criminal Justice Board to
does not turn up, so that victims and witnesses introduce live television links between police
are not inconvenienced or frustrated by the charging centres and courts, and extend courts’
defendant’s absence, and it also encourages working hours so they can deal with cases
prosecution of the Bail Act offence where a straight away by live television link. We will
defendant has failed to appear. But, with over legislate to ensure this approach can be used for
160,000 warrants issued last year for defendants bail breachers.
failing to attend, there are still too many people

20
Chapter 2:
Putting law-abiding people and communities first

2.43 Once a bail breacher is brought before the


We will:
courts, it is essential that sentencers have the
range of powers they need to take effective l introduce an integrated enforcement
action to prevent further breach. We have service nationally by 2007/08;
introduced electronic tagging for those on bail
where the courts consider this would be an l speed up the recall to prison of offenders
effective way of preventing further breach, and who break their licence, including a tough
new orders are already being issued at a rate of new target for serious offenders;
over 100 defendants each week.
l begin phased national implementation of
2.44 And we will implement Sections 14 and 15 of presumption against bail for those who
the Criminal Justice Act 2003 on a national abscond or offend while on bail, starting
phased basis starting with more serious offences with more serious offenders;
by December 2006. The courts will then be
required to operate to a new presumption that l speed the return to court of bailed
offenders who fail to appear in court when defendants who fail to appear by
required or who commit a further offence while restricting the use of ‘warrants with bail’.
on bail will be remanded in custody. We will consult on how to do so;

2.45 We will also make sure offenders who break l consult on giving probation staff the
their licences are recalled quickly and power to vary the punishment an offender
efficiently. Recall decisions are now made far serves depending on their behaviour,
more quickly than in the past but, once the without having to go back to the court;
decision has been made, it still takes too long in and
some areas for offenders to be returned to
prison. We will consult Local Criminal Justice l consult on new targets for swifter return
Boards and enforcement agencies on of those who breach bail to court, and
introducing a target for the percentage of use police–court live television links to
recalled offenders who are returned to custody make it easier.
within four days and, for the most serious
offenders, within 24 hours. Community justice
2.46 As well as making sure that sentencing has
more public confidence and that those sentences
are more effectively enforced, we need to address
the wider perception that the criminal justice
system is out of touch with the realities of
modern life, and that it is distant from the
communities who are most likely to be the
victims of crime. Those communities often see
offenders causing damage and disruption, who
may be arrested, but to whom nothing seems to
happen before they are back in the community,
carrying on as before.

2.47 It is essential not only that we do more to bring


offenders to justice, but that the community is
more closely involved in the whole process. In

21
particular, it is critically important that judges Panels – in which members of the community
and magistrates become much more involved draw up contracts with young offenders for
with the communities they serve. The North what they must do as part of their sentences for
Liverpool Community Justice Centre and first-time offences.
Salford Community Justice Initiative show that
it can be done. 2.50 We will continue to expand our successful
Community Payback initiative. This makes the
5 million hours of compulsory unpaid work
Community Justice in North Liverpool done by offenders more visible to the public,
In North Liverpool, Judge Fletcher meets
and gives local people (including victims of
regularly with local residents through the
crime) the chance to say what work offenders
Community Reference Group and the Young
should do in the community, with leaflets and
People’s Reference Group. These groups consider
websites to encourage people to choose
the list of offences prioritised by the Community
particular schemes. A highly visible
Justice Centre, and suggest tasks from within the
Community Payback logo shows where work
area to be added to the list for offenders to
has been done by offenders. In Ipswich,
undertake as unpaid work. There has also been a
offenders have removed graffiti from park walls
series of ‘meet the judge’ public meetings held
and buildings and cleaned up a children’s
where people were able to hear about the work
playground.
that the Centre does, ask questions, and make
suggestions.
2.51 Our system needs to do more to treat all
communities equally. We have made major
At one such meeting, the community mentioned
progress in ensuring that those responsible for
that there was a problem with prostitutes in a
delivering law and order promote equality, don’t
local street. Residents didn’t want to walk down it
discriminate, and tackle racism and racist crime.
and this meant it was cutting the neighbourhood
But still black people are six times more likely
in two. The judge promised to do something to
to be stopped and searched and three times more
help. The team approach of the Centre meant that
likely to be arrested than white people. That
the police launched an operation to arrest
imbalance is likely to be the result of a range of
prostitutes and kerb crawlers, and the defendants
factors, but our current data do not tell us
were brought swiftly to court. As part of their
enough about where in our system it occurs, or
sentence, the kerb crawlers had their driving
the extent to which it is due to direct or indirect
licences suspended so they couldn’t offend in
discrimination, which makes it harder to tackle.
other areas.
We will implement a fundamental reform of the
current ethnicity statistics collected under
2.48 We will roll out more community justice Section 95 of the Criminal Justice Act 1991,
initiatives of this kind in areas of England and and use them to drive performance. We will
Wales chosen based on an analysis of crime and also consult widely with all communities on
social deprivation factors and, after consultation, what more we can do; and we will implement
the Lord Chancellor will announce these areas the recently published report by the Race for
shortly. Justice Taskforce on how to improve the
handling of crimes motivated by racial and
2.49 We will also do more across the country to religious hatred.
develop restorative justice – where offenders
make amends to the victim or the community
for the harm they have caused. And we will
build on approaches like Youth Offending

22
Chapter 2:
Putting law-abiding people and communities first

2.54 We are also introducing a set of service


We will:
standards which all forces will have in place by
November 2006, to make sure that everyone
l roll out the community justice approach to
who comes into contact with the police is
more areas;
treated as well as they should be. We know that
a key test is how well and quickly the police
l extend Community Payback, which gives
deal with initial contacts from the public.
communities the chance to choose the
We will raise the standards by making it easy
unpaid work offenders do; and
to contact the police by phone or email, and
ensuring that if the incident is not an
l reform the way the criminal justice
emergency but does require a visit, a suitable
system is held to account for the way it
time is arranged quickly. With police forces,
treats people from all ethnic
we will work to improve satisfaction, measuring
communities, and will implement a
how content people are with their contact with
programme of work to improve the
the police. We have already introduced clear
response to crimes motivated by racial
standards for how the police and the criminal
and religious hatred.
justice system treat victims, and we will extend
these to witnesses through a Witness Charter.
Visible, responsive and accountable
policing 2.55 We are trialling ‘101’ – a single non-emergency
2.52 The police have a crucial role in ensuring the number – in five areas, for people to instigate
criminal justice system responds effectively to action, and obtain information and advice on
local needs. They are the gatekeepers of the community safety and anti-social behaviour
criminal justice system and the agency the issues in their neighbourhood easily and
public is most likely to come into contact with. quickly.
We have already done a great deal to make sure
they are more responsive, locally accountable 2.56 Where people feel the police are not listening,
and citizen-focused. We have started to we intend to give them more power to make the
introduce neighbourhood policing across police take notice. We are currently legislating
England and Wales, and will have a dedicated to introduce a ‘Community Call for Action’ to
team in every area by April 2008. enable local communities to trigger action by
Neighbourhood policing is about local police the police and other local agencies where they
teams being genuinely visible and responsive to have failed to tackle a persistent local crime or
people, and dealing effectively with the crime anti-social behaviour problem.
and anti-social behaviour that concern them.
The Government, police and police authorities 2.57 We are clear that there is a gap in the ability of
have embarked on a major programme of police police forces to provide ‘protective services’ –
workforce reform and modernisation to support tackling organised crime, terrorism, and other
better policing. major crimes that cross boundaries. This means
that small forces working in isolation are not the
2.53 To help provide this visibility and reassurance at future. Following extensive discussions with
a local level, we are increasing the number of Chief Constables and police authorities, we
Police Community Support Officers to 16,000 believe that the key improvements can be
by 2007. The goal will be to increase this achieved without enforced mergers. Instead, we
number to up to 24,000, in consultation with are asking forces and police authorities to show
police services and in a way that is tailored to us how they can improve their protective services
reflect local circumstances. and preserve neighbourhood policing, especially

23
by substantially increasing cross-force working
and exploiting major opportunities for greater
efficiency such as sharing back office functions
and modernising the workforce. We will also
look at what greater freedoms and flexibilities we
can give to high-performing forces.

We will:

l provide a dedicated neighbourhood policing


team for every area by April 2008;
12 noon, Wednesday 12 July, Vernon Coaker, Under
l put in place improved service standards Secretary for Policing, Security and Community Safety,
in all forces by November 2006 (for meeting officers from Leicester’s New Parks and
Beaumont Leys neighbourhood policing teams to discuss
example, this will make it easier to
their work with the local community
contact the police);

l introduce a ‘Community Call for Action’ to


trigger a response from police (or other
agencies) where communities feel that
their concerns are not being addressed;
and

l consult with police forces and police


authorities on how police forces can best
be reformed in order to make sure they
can deliver both visible, accountable and
responsive local policing, and effective
action against serious and organised
crime, terrorism and drug dealing; and
how high-performing forces can earn
greater freedoms and flexibilities.

24
Chapter 3:
Gripping offenders to cut crime, reduce reoffending,
and protect the public

3.1 Our central aim, as we rebalance the system, becoming involved in crime as with those who
must be to continue to cut crime. We need to have already offended.
tackle all types of crime, but to put more focus
on the most serious and violent crimes and 3.6 We have invested an additional £45 million in
criminals, in order to keep the public safe. targeted prevention programmes. These include
activity-based Youth Inclusion Programmes for
3.2 At present, we have a target to reduce all crime those 13 to 16-year-olds most at risk of
by 15 per cent by 2008, and more in high- offending in deprived neighbourhoods.
crime areas. We also have a target to bring more Independent evaluation found that arrest rates
offences to justice. Although these targets among young people on Youth Inclusion
recognise that the public is concerned about all Programmes fell by 65 per cent. This extra
types of crime, there is a risk that they funding means that our commitment to increase
encourage the police to tackle very large the number of these kinds of programmes by
numbers of minor offences, rather than making 50 per cent by 2008 will be met.
sure they are giving priority to serious crimes.
We need to work much smarter, realising that Low-level offending, public disorder and
we do not have to deal with all crime in the anti-social behaviour
same way. 3.7 Low-level offending does not mean low-priority
offending. Unchecked, it can lead to more
3.3 We need quick, firm responses to minor serious offending and cause great damage,
offending which do not clog up our courts; nuisance and harm in its own right. We need
targeted action to tackle the most persistent swift responses which tackle the problem
offenders, who cause most misery; and a sharp speedily, without taking up unnecessary
focus on the most serious offences. Following resources of the court system.
this smarter approach will mean we can tackle
all types of crime, without letting our desire to Anti-social behaviour and Respect
cut overall crime stop us prioritising the most 3.8 Since 1999 we have given innovative new
serious offences and offenders. powers – including Anti-Social Behaviour
Orders (ASBOs), crack house closure orders and
Preventing crime dispersal powers – to police and local authorities
3.4 We are working closely with colleagues across to tackle anti-social behaviour and public
Government, and especially with Hilary disorder. We have also established a network of
Armstrong, the new Cabinet Minister for Social specialist anti-social behaviour prosecutors and
Exclusion, to address the causes of crime and of co-ordinators to provide expert legal advice.
reoffending. The Government has introduced In many areas, the powers are being used
Sure Start and on the New Deal has increased extensively and imaginatively to nip bad
Child Benefit; as well as investing much more behaviour in the bud. Perceptions of anti-social
in inner-city regeneration to ensure that behaviour are falling, from 21 per cent of people
everyone has the life chances necessary to be seeing anti-social behaviour as a problem in their
a responsible member of society. area in 2002/03 to 17 per cent in 2005/06,
according to the British Crime Survey. The
3.5 Work with young people is central to our efforts Respect Action Plan, published in January
to prevent crime. We have completely 2006, showed how we would take this work
overhauled the youth justice system since 1998, broader, deeper and further. We will:
with the creation of the Youth Justice Board
and multi-agency Youth Offending Teams, l work to make sure the powers are getting
set up to work as much with those at risk of used well everywhere, with every Local Area

25
Agreement having anti-social behaviour and 3.11 The most effective interventions work precisely
Respect indicators by September 2006. The because they are delivered swiftly and
Respect Squad will accelerate action where proportionately. Visible summary punishments
local agencies need additional support; send a signal to wider society that the behaviour
l continue our work to intervene with problem has been tackled and not tolerated.
families, and establish Family Intervention
Projects in 50 areas by the end of 2006. 3.12 Summary powers offer a swift way to tackle
The Government is also providing £70 million minor, uncontested offending and anti-social
to increase the availability of good quality behaviour, giving individuals the opportunity to
parenting programmes and ensure take-up make amends, apologise and put things right,
through parenting contracts and orders; and while preserving an individual’s right of appeal
l promote ‘face the people’ sessions through to court, should they contest their guilt.
which those involved in community safety –
for example, the police and local authorities – 3.13 We must shift the balance so that the anti-social
meet their local communities to set local perpetrator is put to inconvenience, rather than
priorities and monitor performance. the law-abiding majority. So, for example, later
this year we will consult on a new power to
close properties at the centre of serious and
persistent anti-social behaviour, regardless of the
tenure of the occupier(s).

3.14 In conjunction with business partners, we


will also consider how to strengthen existing
summary powers against businesses that trade
illegally and undermine both legitimate
businesses and public safety. Our aim is simple –
to inconvenience the businesses that are flouting
the rules, not those that are obeying them.

11am, Thursday 13 July, Tony McNulty, Minister for 3.15 Fixed Penalty Notices have proven to be an
Policing, Security and Community Safety, meeting Gwent effective power and we must ensure greater take-
police officers on Lliswerry Estate, together with Nick up across the country. We will consider how to
Ainger, Under Secretary for Wales encourage wider use of fixed penalties by a range
of authority figures, where they provide a
New powers proportionate and appropriate response to
3.9 We will continue to look for new ways of tackling anti-social behaviour or regulatory offences,
bad behaviour. We will now introduce Parental with particularly flexible solutions for offences
Compensation Orders in ten areas, which mean such as criminal damage and littering.
parents can be required to pay compensation for
damage caused by the anti-social behaviour of 3.16 As part of our neighbourhood policing plans,
children under 10 (who cannot be given ASBOs), we will develop new ways for the police and
making parents take more responsibility for the Crown Prosecution Service to resolve minor
damage their children cause. misdemeanours by young people in cases where
a formal criminal justice intervention would be
3.10 We are also considering what additional powers disproportionate. Getting young people to
might be helpful in tackling low-level recognise that their behaviour was wrong,
offending and anti-social behaviour. apologise and make amends is an important

26
Chapter 3:
Gripping offenders to cut crime, reduce reoffending, and protect the public

part of their education. And we intend to We will:


legislate to introduce a youth version of the
adult Conditional Caution, to strengthen police l increase the take-up of anti-social
and prosecutor powers to respond more robustly
behaviour powers, and reduce variation
to youth offending that merits more than a
in local performance, with anti-social
written warning or caution. As with adults,
behaviour and Respect indicators in
young people would have the opportunity to
every local area;
make amends and get help or face prosecution.
l introduce Parental Compensation Orders
3.17 We will continue working with the Prime
in ten areas from summer 2006 to make
Minister’s Strategy Unit on these issues and will
sure parents take responsibility for the
publish proposals later this year.
damage their children cause;
Better use of fines l publish proposals about what new powers
3.18 When an offender is fined by the court, they
might help us to cut low-level crime and
should pay up. We have made tremendous
anti-social behaviour even further; and
progress but need to do more. The payment rate
for fines has improved from 55 per cent in l consult about making it easier to collect
2002/03 to 83 per cent in 2005/06.
fines directly from income or benefits,
including consulting on compulsory as
3.19 We want to do more to make sure fines are
well as voluntary deductions at the point
collected – which is why we are considering
of sentence.
making it easier to deduct fines automatically
from income or benefits (at present we can only
do this after someone has defaulted, or with Reducing reoffending, and tackling
their permission. repeat offenders and drug users
3.21 Cutting reoffending is essential if we are to cut
3.20 More confidence that fines are a meaningful crime. Around half of all of crimes are
punishment for everyone should help ensure the committed by people who have been through
courts don’t use community sentences where our system before.
fines could be just as effective – freeing up
probation resources to deliver better community 3.22 We need the entire criminal justice system to
sentences where they are really needed, and to take responsibility for reducing reoffending,
protect the public. from the police through sentencers to prison
and probation. We will consider whether we
should make our objective to reduce reoffending
a formal shared target for the whole of the
criminal justice system and its key partners, as
part of our wider consideration of targets for the
Comprehensive Spending Review.

3.23 We are developing three strong alliances – the


Corporate Alliance, the Civic Society Alliance
and the Faith and Voluntary Sector Alliance –
to promote and encourage greater involvement
from employers, local authorities, and voluntary
and faith organisations in reducing reoffending.

27
Reducing reoffending should be everyone’s crime and harm. We also know that the two
business – maximising what different sectors programmes overlap, because so many drug-
and groups have to offer to help ex-offenders using offenders commit huge volumes of crime.
reintegrate into society and get them engaged
in purposeful activities in the local community. 3.26 We will re-launch the prolific and other priority
And we are beginning to have some success. In offenders programme in autumn 2006, and will
the last year, the proportion of offenders released bring it together with our Drug Interventions
with suitable accommodation to go to has risen Programme to ensure that the highest crime
by 16 per cent; the number of educational causing drug-users are identified and targeted.
awards that offenders have achieved have risen We will continue our ambition to get 1,000
by 11 per cent; and the number completing a offenders a week into treatment and increase
drug treatment course in prison or a Drug the range of offences for which drug testing is
Treatment and Testing Order in the community mandatory. We will implement an additional
is up by over half. power from the Drugs Act 2005. This will
mean that drug-misusing offenders who have
Tackling prolific offenders, including drug tested positive for Class A drugs and who are
misusers identified as requiring further intervention
3.24 A small minority of all offenders in England must attend a follow-up assessment or face
and Wales are responsible for a disproportionate a fine or imprisonment.
amount of crime. We need to tackle the most
prolific offenders, giving them tough choices, 3.27 We also want to do more to curb the offending
but always aiming to stop their reoffending of those who will not accept help, and who keep
(and, for the very large numbers who are drug committing crime. We have already changed
users, tackle their habit). Gripping the most the law so that sentencers must treat previous
prolific offenders is part of our ‘smarter’ convictions as a factor, and give tougher
approach to crime – making sure we focus on sentences to those who have long records.
those causing the most harm. But this does not stop them offending again
when they get out.
3.25 At present, we are tackling the most frequent
offenders through a range of strategies. We have 3.28 We want to give more power to the courts to
a successful ‘prolific and other priority offender’ put tough conditions on a small number of the
programme, which brings the police, very worst prolific offenders, to stop them
prosecutors and probation and others together causing harm in future. We will consult on a
to grip offenders, ‘catch and convict’ them, but proposal for ‘extended sentences’ for the most
also ‘rehabilitate and resettle’ them, offering prolific offenders. This would mean that after a
hard choices between accepting help to change, tough initial prison sentence for their crime, the
and a swift return to prison. Ten thousand court could order an extra period after release
offenders are managed by the scheme, of whom during which the offender can be prohibited
around 40 per cent are in prison at any time. from doing anything described in the order.
We also have a drug interventions programme, So, for example, a persistent drug-using burglar
with over 700 offenders a week now entering who had committed hundreds of offences could
treatment. If they test positive for Class A be prohibited from approaching areas where
drugs, they are required to undergo assessments; they have previously been active, or from going
and those who refuse face tough new sanctions. out at night.
The programme is proving successful; but one
of the main concerns is whether its efforts are
targeting the drug users who cause the most

28
Chapter 3:
Gripping offenders to cut crime, reduce reoffending, and protect the public

3.30 First, we want to make sure that probation


The Drug Interventions Programme services are not being swamped with less serious
in practice offenders, and with huge burdens of report-
Back to work and family writing. We know that more and more minor
Thirty-year-old John has a history of heroin offenders are getting community sentences
injecting. He persistently offended to finance his (including people who might have been fined in
drug habit and in the process became estranged the past). And courts are also demanding more
from his family. In December 2004, he was picked and more reports from probation before they
up by the Arrest Referral Team following a sentence. We need probation to be able to
burglary and tested positive for Class A drugs. concentrate on the people who really need
He was referred to the local Criminal Justice intensive supervision, either because they are
Intervention Team and the case co-ordinator dangerous, or because of their very high risk of
tracked and supported him through each stage reoffending. We will work with the Lord Chief
of treatment. By January 2005, John was back Justice and with sentencers to find ways of
in employment. ensuring that probation resources are targeted
on those who most need them, that more minor
John has not offended since starting the offenders are fined rather than given low-level
programme. He is still working and has renewed community sentences, and that courts do not
his relationship with his partner and daughter. make excessive demands for reports.
He says that he has ‘never received so much
help before’. 3.31 Second, we want to get a wider range of partners
involved in managing offenders and cutting
Tackling drugs, tackling crime reoffending. At present, probation boards are
Life for residents of Tameside has improved monopoly providers of probation services. Only
dramatically over the past three years, as a result of around 3 per cent of probation work is carried
a multi-agency and anti-crime strategy with a key out by the voluntary and community sector, in
focus on drugs. Working together, the Borough’s partnership with probation boards. We believe
Prolific Offenders Project and Drug Interventions both that there are more providers out there who
Programme have reduced offending by local could help us improve the way we manage
offenders by almost 80 per cent. The impact on offenders in the community; and that allowing
overall crime has been significant: theft of vehicles others to provide services would also help drive
has fallen by 49 per cent, personal robberies by 35 up standards across the board, as it has done in
per cent; and domestic burglaries by 34 per cent. the Prison Service.
3.32 Therefore, we will legislate to open up
Improving probation performance probation to other providers, and will only
3.29 To underpin our work to reduce reoffending, award contracts to those who can prove they
we need to drive up performance in community will deliver reductions in reoffending, and keep
sentences. International research suggests that the public safe. To accelerate this process,
community-based programmes in general we are introducing measures to improve
produce more positive results than prison; but performance immediately. They will focus
given what we know about the impact of first on Probation Boards which are performing
employment, housing, and family links, they well below the standards of the best. We have
ought to be far more effective at rehabilitating already required six Boards to produce
offenders than they are. immediate improvement plans. We will ensure
that all these Boards have made demonstrable,
measurable progress by March 2007.

29
3.35 We will build on the Tackling Violent Crime
We will:
Programme, which provides intensive support
to local areas with highest levels of serious
l combine our prolific and priority offenders
violence. It works with these areas to identify,
programme with our Drug Interventions
develop and share good practice which can then
Programme and overhaul our approach to
be spread nationally. The programme includes
high-harm drug users, with tougher
high-visibility policing in hot spot areas, early
conditions, tougher enforcement and new
intervention to prevent the escalation of
follow-up assessments;
violence, and improving investigation of
domestic violence incidents.
l work with the Lord Chief Justice and
sentencers to ensure that probation
3.36 We know that we need to continue to tackle
resources are targeted on those who most
alcohol-related disorder, which often escalates
need them;
into violence. We have seen good results from
the Alcohol Misuse Enforcement Campaign to
l bring in expertise from the private and
tackle alcohol-related crime and disorder.
voluntary sectors to drive up the quality
However, the Enforcement Campaign tactics are
and performance of community
not used in every area; and there is still far more
punishments; and
to do to stop shops, bars and clubs routinely
breaking the law and serving children, and
l consult on a new power for the courts to
those already drunk. We will:
impose extended sentences with tough
conditions on the most persistent
l make action on alcohol part of the priorities
offenders, to prevent them causing more
we set the police, and reflect it in their
harm in the future.
performance framework;
l take far tougher action against those selling
alcohol to children and those who are drunk,
Protecting the public from serious, with regularly published results of ‘test-
violent and dangerous offenders purchases’ to name and shame; support for
3.33 We need to do more to deal with serious, licensing authorities to put conditions on
violent and dangerous offenders. Although licences or take them away; and new powers
crime is down, and we are bringing more for trading standards officers to issue Fixed
offences to justice, violent crime has not fallen Penalty Notices to those making illegal sales.
as quickly as high-volume crime like burglary We will consider further legislation if these
or vehicle crime. We need to use our ‘smarter’ steps do not produce improvement; and
approaches to low-level crime and disorder to l work with the Department of Health to
free up time and resources to devote to serious encourage more interventions (like arrest
and violent crime. referrals and conditional cautions) designed
for those committing low-level alcohol-
Preventing violent crime related offences, which could in future
3.34 We must do all we can to ensure we prevent include an element of compulsion. For
serious violent crimes from occurring in the example, the police could direct an offender
first place. We will ask our agencies to work in to attend a short session on responsible
much closer partnership to prevent violent drinking as an alternative to a Penalty Notice
crime, and in particular to share information for Disorder. We will also consider whether
and intelligence. to introduce an ‘alcohol intervention
programme’, similar to the successful Drug

30
Chapter 3:
Gripping offenders to cut crime, reduce reoffending, and protect the public

Trends in crime 1997 to 2005/06

120

100
Indexed (1997 = 100)

80

60

40
All Violent Vehicle
Burglary
crime crime crime
20

0
1997 1998 1999 2000 2001/02 2002/03 2003/04 2004/05 2005/06

Source: British Crime Survey

Interventions Programme, to provide


dedicated referrals for offenders, including
rehabilitation programmes.

3.37 Reducing domestic violence is a critical part of


our overall strategy, because it accounts for
15 per cent of all violent crime (British Crime
Survey 2005/06), and has more repeat victims
than any other crime. Focusing on these
domestic offenders earlier will help to
prevent serious crimes (including murders) in
the future.

31
3.39 The Violent Crime Reduction Bill currently
Specialist domestic violence courts before Parliament contains a wide range of
Caerphilly in Gwent was one of the original
measures to combat knife and gun crime.
specialist domestic violence courts. Between the
It includes new powers to ban the manufacture,
beginning of the pilot in January 2004 and
import and sale of realistic imitation firearms;
September 2005:
increase sentences for carrying imitation
firearms; and raise the age limit for purchasing
l guilty pleas rose from 21 per cent to 61 per cent;
a knife from 16 to 18.
l conviction rates rose from 8 per cent to
32 per cent; 3.40 We will do more, by legislating to:
l victim retractions went down from 53 per cent
to 17 per cent; l increase the maximum penalty for possession
l overall offenders being brought to justice of a knife or sharp instrument in a public
increased to 73 per cent; and place or a school, without good reason, to a
l cases where no evidence was offered fell from maximum of four years; and
46 per cent to 4 per cent. l introduce Violent Offender Orders, which
will enable the court to impose requirements
Cutting the murder rate by focusing on on those convicted of violent offences – for
domestic violence example, placing restrictions on where the
Cardiff in South Wales has been pioneering multi- offender can live, or preventing them
agency risk assessment conferences for high-risk associating with certain organisations or
victims of domestic violence. By sharing individuals. We will be able to apply them to
information, agencies get a better picture of people convicted before our new unlimited
victims’ situations and develop responses that are sentences were introduced, and will target
tailored to their needs. Safe information sharing the most dangerous offenders. Breach will be
also allows agencies to manage the perpetrator in a criminal offence punishable by a maximum
ways that reduce risk. of five years’ imprisonment.

In South Wales in 2001 there were 11 domestic Focusing prison on keeping the public safe
violence-related homicides. Since introducing the 3.41 Where the courts sentence or remand an
multi-agency risk assessment system across the offender in custody, we must provide the
region, domestic violence-related murders have necessary prison capacity. Violent and serious
dropped to just one in 2005. Furthermore, 42 per offenders are now significantly more likely to
cent of domestic violence victims experienced no get a custodial sentence and to be sent to prison
repeat incident and there were no police call-outs for longer than in 1997. We now have 19,000
in the 12 months following their case being heard more prison places than we did in 1997, and
at the multi-agency risk assessment conference. there are around 7,000 more seriously violent
offenders in prison, protecting the public from
thousands of offences a year which might
otherwise have occurred.
Bringing serious offenders to justice
3.38 Our first aim must be to drive down serious 3.42 Spending on prisons has increased by more than
violent crime. But where serious crimes are 35 per cent in real terms since 1997, and we
committed, it is important that the criminal continue to have a strong record on prison
justice system has the powers needed to deal escapes, with no Category A escapes from our
effectively with these offenders. prisons at all since 1996. And we have also
introduced unlimited sentences for dangerous
offenders to keep the public safe.

32
Chapter 3:
Gripping offenders to cut crime, reduce reoffending, and protect the public

3.43 Prison capacity should be determined by the construction which are due to come onstream in
need for places. If people need to be in prison, autumn 2007 and which will take capacity to
the places will be made available. There are 80,400. On top of this, we will now build an
policy changes in this document which will additional 8,000 places and will keep under
increase the need for places – for example, close review whether more are needed.
toughening our response to bail breaches; better
enforcement of community sentences; and new Not releasing prisoners until is it safe to do so
proposals on serious and prolific offenders. To 3.44 For prisoners serving life sentences or unlimited
accommodate the impact of these changes, we sentences, or back in prison because they have
will look for more effective ways of focusing the broken their licence, a parole board must
existing prison estate on those who should be in consider them safe before they can be released.
our prison system (for example by doing more
to return foreign prisoners to their country of 3.45 When considering the release of prisoners, the
origin). And we will build new capacity. We parole board sits in panels of three. At present,
already have an additional 900 places under when there is a difference of opinion, the

Refocusing the way we use prison


In addition to providing 8,000 more prison places, we want to do more to focus this extra resource and
existing capacity on those offenders who most need to be in custody.

80,000

75,000

70,000
Prison population1

65,000

60,000

55,000

50,000

45,000

40,000
Jan Jul Jan Jul Jan Jul Jan Jul Jan Jul Jan Jul Jan Jul Jan Jul Jan Jul Jan Jul Jan Jul Jan Jul Jan Jul Jan Jul Jan Jul Jan Jul Jan
90 90 91 91 92 92 93 93 94 94 95 95 96 96 97 97 98 98 99 99 00 00 01 01 02 02 03 03 04 04 05 05 06

1 Seasonally adjusted prison population

33
We need firstly to ensure we deport foreign prisoners, to stop them clogging up the system, by increasing
our prisoner transfer agreements with other countries, and by removing them earlier in their sentences
(which will also ensure that they are not released without being considered for deportation).

Secondly we need better ways of dealing with less serious non-violent offenders with tough
community sentences that ask a lot of them. For non-violent offenders who do receive a custodial sentence,
we will expect the courts to maintain current practice on sentence lengths to allow additional custodial
resources to be focused on long sentences for the most dangerous offenders.

We continue to imprison too many non-dangerous people with mental health problems. The majority of
offenders with lower-level disorders can be treated in the community without any risk to the public and we
need to explore how we can more effectively divert them into appropriate treatments at an early stage in the
criminal justice process.

There is considerable variation between different areas in the proportion of defendants who are remanded in
custody (even when the profile of offences is quite similar) and half of those remanded do not, in the end,
receive custodial sentences (Home Office Offender Management Casework Statistics). We will focus prison
places for remand prisoners on those with the highest risk of reoffending and will make sure that sentencers
have the information they need to make decisions about remand, and about sentencing generally. So we will
consult on measures to make the cost of remand and sentencing decisions more transparent to local courts.

Given the need to prioritise prison and probation resources on more serious offenders, we will not now
implement the new sentence of Custody Plus (a short spell in prison followed by longer community
punishment) in autumn 2006.

majority view prevails. To give an extra 3.48 So while we cannot eliminate risk entirely,
safeguard, we are going to move to a system of we must do our best to manage it effectively.
unanimous decisions, with offenders remaining We have already placed a duty on the police,
in prison if just one board member is not probation, prisons and local organisations to
satisfied about the public risk they pose. exchange information about potentially
dangerous offenders, and work together to
Supervising serious offenders better manage the risk they pose. The arrangements
3.46 Shocking recent incidents in which offenders are called Multi-Agency Public Protection
who were under our supervision have committed Arrangements (MAPPA).
serious crimes have shown that we need
immediate and decisive action to improve the 3.49 We will improve MAPPA, with stringent case
way we manage serious, violent and dangerous review procedures to make sure we deal with
offenders following release from custody. cases consistently, and assess risks well, and we
will ensure that all responsible authorities
3.47 Not all offenders who might be considered a operate to national standards in the assessment
risk to the public are convicted of very serious and management of violent and sexual
offences. Some may come to the notice of the offenders.
criminal justice system for a very minor offence,
so they cannot be imprisoned indefinitely. 3.50 We will also consult on how we can reflect our
focus on serious further offending within our

34
Chapter 3:
Gripping offenders to cut crime, reduce reoffending, and protect the public

overall target to reduce reoffending. The organised criminals are not able to control
intention is for this target to be shared by Local activity or build up networks inside prisons and
Criminal Justice Boards, so that the full range that we can pass on information we have that
of criminal justice agencies are involved. helps to crack down on organised crime outside.
The first step is to identify individuals of
Serious and organised crime interest already inside prison. This has started
3.51 We have taken action to tackle major criminals and has enhanced SOCA’s intelligence picture
with the launch of the Serious Organised Crime and should improve the ability of prisons to
Agency (SOCA). SOCA will tackle drug manage their own risk. We will go further to
trafficking, organised immigration crime, prevent serious criminals from continuing to
money laundering and identity fraud by offend in this way. This is an international
developing an intelligence picture of organised problem and will require a combination of:
crime, pursuing key criminals and groups,
disrupting criminal markets and attacking l piloting body scanners to stop mobile phones
criminal assets. We have recently equipped all and SIM cards getting into prison in the first
those tackling organised crime with wide- place;
ranging new powers to: l considering new heavy penalties against those
who do smuggle them in;
l compel individuals to answer questions in l tactical use of mobile phone blocking
interviews with prosecutors and produce technology where we suspect that it occurs;
documents on demand; l making better use of the intelligence we
l strike deals with informants and convicted glean from those we know about;
offenders to turn Queen’s Evidence; and l working with technology companies to adapt
l use enhanced powers of confiscation in to the changing mobile market; and
respect of proceeds of crime investigations, l producing a joint action plan by autumn
and use Financial Reporting Orders, which 2006 with all relevant agencies to combat
allow courts to impose obligations on people this.
convicted of specified offences to report
particulars of their financial affairs. 3.54 Where it will help to reduce harm, we will hold
organised criminals in particular prisons, for
3.52 We are consulting on further powers against example away from their associates. We will
organised and financial crime, including: make greater use of debriefing, both of those
held in prison and those in contact with them,
l creating new statutory offences to help with a view to use of the Queen’s Evidence or
prosecute more people around the fringes of disclosure notice provisions in the Serious
complex conspiracies and consider changing Organised Crime and Police Act 2005, or
the conspiracy law itself; and instituting broader enforcement action against
l new types of civil orders, one against identified criminal businesses. Where we
individuals, the other against companies or identify individuals engaged in supporting the
other entities, covering a wide range of conduct of criminal businesses from within
prohibitions or requirements – for example, prison, we will consider the use of the new
requiring engineering companies to inform powers set out above. In parallel, we will
the authorities if they are asked to construct continue to bear down on criminal finances,
concealed compartments in lorries. including the finances of those in prison,
through an approach of ‘total confiscation’,
3.53 Prisons will work with the Serious and where criminals pay back to society the
Organised Crime Agency to make sure that

35
proceeds of their crime, imposing Financial 3.58 We believe there is potential for the system to
Reporting Orders where appropriate. go much further. We want to set much tougher
targets for the criminal justice system, with big
3.55 We want to increase the risks that organised year-on-year increases accelerating towards a
criminals face in doing their business. We will goal of detecting up to £1 billion, backed up by
be keeping under careful review the impact of a major drive to improve training of front-line
sentencing levels, including by working with agencies on asset recovery and enforcement. To
the Sentencing Guidelines Council and the achieve this we need to ensure that the process
Sentencing Advisory Panel. We will think for freezing assets is as streamlined as possible.
innovatively about the sentencing framework,
considering (for example) the potential of 3.59 Following consultation with front-line
options like huge fines (in millions of pounds) professionals, we will:
to make illegal activity much more of a risk.
l set tough new year-on-year targets, doubling
Seizing money from criminals the current target to a minimum
3.56 Criminals fund their lifestyles and commit of £250 million a year by 2010;
further crimes with the money they have stolen l go after criminals who have hidden their
from innocent victims and the community as a assets abroad by drawing up more asset-
whole. Seizing criminals’ assets – their cash, sharing agreements with our European and
their luxury houses, their cars – is a key tool of international partners;
law enforcement. It reduces crime, puts resources l consult on ways to make it easier for law
back into the hands of the law-abiding majority enforcement agencies to freeze assets
and ensures (and shows) that crime does not pay. suggested to be the proceeds of crime;
l consult on a role for the private sector in
3.57 Since the Proceeds of Crime Act was passed in enforcing the orders of the courts to seize
2002, we have made great progress in assets more quickly and effectively, and on
increasing the amounts recovered:

Criminal assets seized (£ million)


0 30 60 90 120 150

2003/04

2004/05

2005/06

2006/07
(target)

Source: Joint Asset Recovery Data (JARD) (2004/05–2005/06) and RDS-compiled HM Courts Service data

36
Chapter 3:
Gripping offenders to cut crime, reduce reoffending, and protect the public

new powers and measures to improve the


We will:
asset recovery process; and
l build on the existing incentive schemes so l increase the maximum penalty
that front-line agencies benefit collectively
for carrying a knife without good reason
from their work.
to four years;
3.60 But asset recovery is not just about taking large l introduce Violent Offender Orders
sums from the most wealthy criminals. It is also
to provide the courts with tough new
about disrupting the people whose illegal
powers to manage dangerous violent
businesses make life a misery for some of our
offenders beyond the period of their
most deprived communities, and infuriate those
sentence with penalties of up to five
who work hard and obey the law. We will
years for breach of conditions;
therefore reflect this in our performance regime,
making sure that stopping harm to the l take tough action on alcohol, with new
community counts, as well as the amount of
powers for trading standards officers to
money seized.
act against those selling alcohol to
children or those who are drunk; and
consider introducing an ‘alcohol
intervention programme’;

l take tough new measures to prevent


criminals from continuing their illegal
activities while in prison;

l change the rules for parole decisions, so


that any decision to release an offender
into the community must be made
unanimously;

l consult on measures to make the cost of


remand and sentencing decisions more
transparent to local courts; and

l consult on an ambitious new target for


seizing the assets of criminals and
increase the involvement of the private
sector in asset seizure.

37
Chapter 4:
A simpler, swifter, fairer system with strong enforcement
to support rebalancing

4.1 If we are to make the changes that we have set


out above, to rebalance the system and make it
Home Secretary hears about
better at gripping offenders, we need to make bureaucracy first-hand
sure that we have the fundamental processes and As one of his visits to the front line, the Home
ways of working that will allow us to deliver. Secretary followed the process of patrol, arrest,
We need an increasingly joined-up, simpler, and charge and conviction when he visited Charing
more streamlined system where bureaucracy and Cross police station and Bow Street Magistrates’
technicalities do not get in the way; and we Court on a Friday night and Saturday morning.
need a system which is respected and enforced. This allowed him to hear first hand from police
officers and court officials what we need to do to
improve the system and also to see for himself
Police bureaucracy
what needs changing.
4.2 We need to ensure that a 21st-century Police
Service has the right tools to tackle 21st-century
l There was a clear call for a reduction in
challenges without being burdened by
paperwork, especially forms which repeat
unnecessary rules and paperwork. The Police
information (name, date of birth, etc) and
and Criminal Evidence Act 1984 (PACE) and
lengthy forms (like those for drugs testing).
the PACE Codes of Practice have provided the
There was also a clear call to improve the flow
police with clear rules and procedures for arrest,
of information between police and the courts
detention and investigation of crime to ensure
and making sure the right people have access
that perpetrators of crime are brought to justice.
to it.
Since 1997, we have made important changes to
l At Bow Street Magistrates’ Court, the Home
PACE to improve the investigative process and
Secretary heard feedback on cutting down
at the same time reduce the burden on the
process delays and the benefits of live
police in areas such as arrest, search warrants
television links between prisons and courts
and introduction of street bail.
to save having to transport prisoners.
4.3 It is important that we keep good safeguards
and protections for the public in the way the 4.4 But while these processes need to be sufficiently
police work (which is what PACE provides). robust, we must also ensure they are not overly
We do not want to go back to the days where bureaucratic. We will be launching a
prosecutions failed (and innocent people were consultation paper in summer 2006 to seek
convicted) because of failures in the processes of views on whether we need to amend the Police
gathering and handling of evidence. and Criminal Evidence Act to maintain the
necessary safeguards but cut bureaucracy.
This will cover areas such as:

l questioning after charge;


l changes to the police detention clock to allow
greater use to be made of detention for
investigation and questioning; and
l enabling the Codes of Practice to be more
reflective of operational good practice.

4.5 We know that the police can find the current


mechanisms for keeping track of performance
burdensome. We are working to streamline
performance monitoring and will replace three

38
Chapter 4:
A simpler, swifter, fairer system with strong enforcement to support rebalancing

existing frameworks (the Drugs Performance


Framework, Partnership Assessment & Delivery
Response to the public by police
System (PADS) and Police Performance and in Suffolk
Assessment Framework (PPAF)) with a single Police officers and staff from Suffolk
overarching one. The aim is to simplify and Constabulary’s Southern Area have been working
focus partners on the key outcomes, reducing on a six-month project to turn their ideas for
bureaucracy and increasing clarity, as part of our improvement into reality on the ground.
deal with the police to give them more freedom Supported by the Home Office, they have been
in return for good performance. We intend to analysing basic processes and developing ways of
introduce this new framework in 2007/08. working more effectively and in a more
streamlined way. An early success has been in
4.6 We will also welcome other suggestions from improving how dispatchers and officers respond to
the police and others about how we can reduce calls from the public.
bureaucracy and improve effectiveness.
When the project first started, around 130 less
severe calls from the public were not dealt with on
Improving our processes by learning
the same day, needing follow-up afterwards. That
from the front line
put significant pressure on officers, who were
4.7 We want to do more to improve our processes
constantly fighting to clear the backlog; and nor
and systems by learning from those who know
did it satisfy the public. Officers and police staff
best how to improve what they do – front-line
have designed and implemented a better system
professionals.
for responding to less urgent calls, freeing up
response and patrol teams to deal with urgent calls
4.8 We have been running a series of pilot
more effectively.
programmes to turn ideas from the front line into
better ways of working on the ground. These have
For example, Southern Area created an ‘events
included police forces and local criminal justice
diary’, with timed appointments for members of
boards, and the results so far have been promising.
the public who request non-urgent police
Examples from two of the projects include:
attendance. That means the caller knows when to
expect an officer, which is better for them, and
also avoids wasted journeys for the police, because
the person is at home and ready for the call.

As a result of Southern Area’s work, victim


satisfaction with the local police rose by over
10 per cent to over 84 per cent in June 2006,
compared with satisfaction levels of 74 per cent
during the whole of 2005/06.

39
Live television links as a cost- We will:
effective way to avoid transporting
l introduce a new, simplified performance
prisoners
framework for crime, drugs and policing
Unnecessary transport of prisoners to and from
by 2007/08, streamlining three
court is extremely costly and disrupts prison
frameworks into one;
officers’ ability to run effective offending
behaviour programmes. Prison and court staff in l start and support an increasing number
West Midlands, Dorset and London are working of locally-focused process improvement
on a six-month project to make it easier to use projects, learning from the front line and
exising live television conference links as an giving staff new skills; and
alternative to movements. We estimate that
national roll-out of their work could save more l issue a consultation paper in summer
than £50 million per year. They have been: 2006 to seek views on improvements to
the Police and Criminal Evidence Act, to
l identifying what makes it difficult for courts improve practice and cut bureaucracy.
and prisons to list cases for live television link
use and set-up bookings;
l helping to design a simple, internet-based
booking tool to allow officials in different
buildings to set up bookings;
l working out how to identify easily what parts
of which cases are most suitable for live
television link use; and
l redesigning their prisoner-handling processes so
that prisoners are in place to keep their live
television link court appointments, and are not
necessarily taken to court.
2pm, Wednesday 5 July, Gerry Sutcliffe, Under Secretary
for Criminal Justice and Offender Management, meeting
4.9 We will extend and build upon these pilots, National Offender Management Service staff in Sheffield
including through the work of the new
National Policing Improvement Agency, giving Simple, Speedy, Summary
front-line staff tools and support for identifying 4.10 There is much in our current system of law of
and then solving the nuts and bolts difficulties which we should be rightly proud: the right to
they encounter at the local level, which also trial, a fully independent judiciary and the
builds their skills. principle of being presumed innocent until
proven guilty. The introduction of case
progression officers and more effective case
management have driven down ineffective trials
in the courts. Since September 2002, ineffective
trials in the Crown Court have fallen from
28 per cent to 12.5 per cent by May 2006
and in the magistrates’ court they have fallen
from 30.9 per cent in September 2002 to
20.0 per cent in May 2006, which is a
significant improvement in the services
provided for victims and witnesses.

40
Chapter 4:
A simpler, swifter, fairer system with strong enforcement to support rebalancing

4.11 However, court processes can be lengthy and there 4.13 Two reviews of the progression of cases through
is a limited amount of time in Crown and the courts were carried out with criminal justice
magistrates’ courts each year in which cases can be practitioners, looking at the way the criminal
heard. Too much time is currently spent justice system was operating, the barriers to
processing high-volume, relatively low-level work improving the system and the solutions that
in the magistrates’ courts; time which would be we can take forward to deliver significant
better spent dealing with more serious cases that improvements. The reviews have worked with
matter to victims and local communities. As we all criminal justice agencies and the judiciary to
have said in the previous chapters, we need to look at the practical measures that can be taken
make sure that we are fitting our system to to improve pre-court preparation and in-court
different types of offenders and offence – dealing processes.
swiftly with minor offending, but making more
time to deal with serious offences and bring 4.14 At the moment it takes an average of over
justice much closer to the community. 21 weeks to take a magistrates’ court case from
charge to conclusion, which covers work carried
4.12 The Criminal Justice – Simple, Speedy, Summary out by criminal justice agencies and the defence
Review focuses on practical measures identified as well as the court process. That is too long.
by criminal justice practitioners. The Lord The same is true for the more complex and
Chancellor, working with the Home Secretary serious cases. Our current waiting time target
and the Attorney General, will set out detailed for 78 per cent of cases tried in the Crown
proposals for delivering justice that is: Court to be commenced within 16 weeks is not
being met in every court. There needs to be
l Simple: dealing with some specific cases more of a focus on improving the speed and
cases transparently by way of warning, effectiveness of magistrates’ court and Crown
caution or some other effective remedy Court cases, and to look at different ways of
to prevent reoffending without the doing things.
court process.
l Speedy: those cases that need the court 4.15 The practical measures being taken, working
process will be dealt with fairly but as with the judiciary, to improve the speed and
quickly as possible. effectiveness of magistrates’ courts cases include:
l Summary: a much more proportionate
approach – for example, dealing with l introducing an improved management
appropriate cases the day after charge or structure in magistrates’ courts to take
during the same week (which would be a step responsibility for the judicial management of
change in the way that cases are currently the caseload and performance of the court;
dealt with in the magistrates’ court). l streamlined case management procedures in
four areas to reduce the overall time between
arrest and conclusion;
l piloting the concept of ‘next day justice’ to
challenge the notion that justice is slow,
focused on taking appropriate and specific
offences such as shop theft, quality-of-life
crimes, domestic violence and breach of court
orders to courts in between 24 and 72 hours;
l live television links between the police
station and the court for guilty pleas to low-

41
level offences to be dealt with at charge, resources (accounting, for example, for half of
subject to legislation; and the relevant legal aid spend). Criminal justice
l piloting the concept of ‘courts on the move’, agencies, the judiciary, and the High Cost Cases
taking courts back into communities, for Review Board have put measures in place to
example by setting up occasional courts in a tackle the very high cost of these cases
town hall or community building initially for (lasting over 40 days), ensuring effective case
quality-of-life crimes such as graffiti/criminal management and operational oversight of cases
damage/noise nuisance. on an individual, regional and national basis.

4.16 The ambition is that over time these will deliver: 4.20 The measures proposed to deal with very
high-cost cases include:
l a reduction in the number of hearings in
most cases, from an average of between five l consulting on the Carter Review’s proposals
and six to an expectation of one (for guilty on controlling defence work in these cases –
pleas) and two (for contested cases); and excluding poor-quality defence practitioners
l the majority of simple cases taking between from very high-cost casework;
a day to 6 weeks from charge to conclusion, l strengthening the judiciary’s power to
as opposed to the current system, which manage long and complex trials – we will
averages over 21 weeks. consider introducing new powers for trial
judges in long and complex trials to order
4.17 The measures being taken, working with the changes of representative when they believe
judiciary, to improve Crown Court hearings that conflict of interest or capacity issues
include: threaten the trial reaching a conclusion;
l working with the judiciary to ensure that
l implementing best practice for more effective recent judicial protocols on disclosure of
preliminary case management hearings; evidence and unused material, terrorism, and
l dealing more effectively with early guilty the management of Complex Fraud are
pleas; and adhered to by the criminal justice agencies
l eliminating unnecessary pre-trial hearings in and the defence in high-cost cases;
the Crown Court. l enhancing the training provided for judges
managing long and complex trials, and
4.18 The ambition is that over time this will deliver: supporting judges trying very high-cost cases
with extra case and trial management
l a reduction in the time taken so that most training from the Judicial Studies Board; and
cases from are commenced and dealt with in l closely monitoring the progress of ongoing
16 weeks; and very high-cost cases – to support increased
l a reduction in the number of pre-trial oversight of long and complex cases that are
hearings from an average of six to no more listed for trial or in court, through the High
than two (i.e. the preliminary hearing and the Cost Cases Review Board, director-led panels
plea and case management hearing) in most from prosecuting agencies, CJS-wide register
cases, except for complex and difficult cases. of high-cost cases. This will enable senior
managers to make quick decisions on how
High-cost cases cases should go forward, and manage
4.19 As well as ensuring that the criminal justice resources effectively.
system is fair and effective, it must also deliver
value for money. The top 1 per cent of Crown 4.21 Once these measures have been implemented,
Court cases take up a disproportionate share of their impact will be monitored. Ensuring that

42
Chapter 4:
A simpler, swifter, fairer system with strong enforcement to support rebalancing

agencies and parties to the court process comply 4.25 As we have said in Chapter 3, action by police or
with court orders is essential. The proposal is to prosecutors which confronts a minor offender
address this with an enhanced range of sanctions, immediately can be very powerful, especially for
both through consulting on financial penalties in first-time offenders. We have already changed
the contracting regime and through giving the the system to make it easier to do this, but we
judiciary power to make orders to change defence want to do more. As a next step, we will roll out
representation in specific circumstances. These conditional cautions, allowing punitive
proposals would give new mechanisms to conditions (for example, fixed fines and unpaid
monitor the compliance of the defence with court work) to be added to cautions by April 2008
orders in very high-cost cases. Work will (subject to legislation), and we will legislate to
continue with the judiciary to assess how create an equivalent scheme for young offenders
effective these new powers are, developing further (who are not covered at the moment). As set out
measures if required by the judiciary, in Chapter 3, we will bring forward proposals on
representatives of the legal professions and the what other new summary powers might help us
criminal justice agencies. tackle low-level offending and anti-social
behaviour.
4.22 The High Cost Cases Review Board will work
with the judiciary to examine ways to develop 4.26 It is important that these schemes are open
the required elements of a defence case and transparent to the public, and that the
statement and consider how to make these more public is confident they will be operated fairly.
effective. This may include changes to the As part of taking this forward, we will enter
contracting regime to tie defence case into discussion with the judiciary and the
statements more closely to work paid for under magistracy, police, prosecutors, courts and the
contract. public on where the line should be drawn
between cases where we can use these summary
4.23 We will also press ahead with our proposals to powers, and those which are proceeded with
change the system for serious and complex fraud in full before the court.
trials, so that they can be heard without a jury
when that is what is needed for justice – the
length burden and complexity of some fraud
cases is just too great. Trials break down or
never get off the ground and too many
fraudsters walk free.

Removing more minor cases from


the courtroom
4.24 The ambition is to remove around 500,000
cases from courtrooms (over one quarter of the
magistrates’ courts’ workload by volume), by
introducing a range of measures. Most of this
will be achieved by introducing bulk processing
for non-contested cases such as TV licences and
some minor documentary motoring offences.
This will free up court capacity to deal more
quickly with crimes that matter to local
communities, like grievous bodily harm or
racially aggravated common assault.

43
l a number of IT systems have been rolled out,
We will:
including COMPASS, which manages cases
for the Crown Prosecution Service, and
l work with the judiciary to introduce
OASys, which enables probation staff to share
practical measures to speed up
data on offenders.
magistrates’ court and Crown Court
processes, including greater use of live
4.28 The first phase of the CJS IT programme will
television links and measures to achieve
be finalised by March 2008, when full roll-out
‘next day justice’;
of the NSPIS Custody and Case Preparation
application and magistrates’ courts’ Case
l expand the use of Conditional Cautions –
Management System will be complete.
bringing forward provisions enabling
Underpinning this work to join up the criminal
punitive conditions in the Police and
justice system and these various case
Justice Bill currently in Parliament;
management systems is the CJS Exchange,
which is designed to transport data between
l develop ‘bulk processing’ by the court for
organisations, transforming the data where
non-contested cases for regulatory
required.
offences like TV licences, to free up local
court capacity; and
4.29 We are also using video technology to improve
the way we deliver justice – using live
l work with the judiciary to take steps to
television evidence to reduce the stress felt by
reduce the length and costs of very high-
victims and witnesses; putting live television
cost cases in the Crown Court and we are
links between police stations and courts to
consulting on sanctions to address where
deliver faster justice; and using live television
the defence fail to follow court orders.
links between prisons and courts to cut down
on the costs and delays of prisoner transport
Better technology to help join things up when a prisoner is a witness.
4.27 The organisations that make up the criminal
justice system use a variety of information DNA database
systems designed to meet their local needs, but 4.30 We have also led the way in the development of
these were not originally designed to share DNA technology. The UK is currently the
information with colleagues in other world leader in terms of applying DNA
organisations. Over the years, this has resulted technology to the identification of criminals and
in an ageing, fragmented IT system. To tackle has the largest operational policing DNA
this, the Criminal Justice System Information database in the world. At the end of May 2006,
Technology (CJS IT) programme was set up in the database held over 3.39 million profiles
spring 2002. As a result of this: from sampled individuals, including the great
majority of the known active UK offenders.
l all users across the courts, prisons and Between 2000 and 2005, over 2.25 million
probation service have access to an upgraded persons were sampled and had their profiles
IT infrastructure; added to the database, treble the number of
l since April 2004, all criminal justice profiles loaded in the previous five years.
organisations have had the capability to
securely email each other and other agencies 4.31 The database is a key police intelligence tool
outside the Government Secure Network; helping to: identify offenders more quickly;
and eliminate suspected offenders earlier in the
investigation; make earlier arrests; and secure

44
Chapter 4:
A simpler, swifter, fairer system with strong enforcement to support rebalancing

more convictions. It provides critical


investigative leads for police investigations and
contributes to approximately 45 per cent of
detections where DNA is involved and loaded
to the database. We will continue working to
ensure that newcomers to crime are sampled
and their DNA profile held on the DNA
database, including by:

l sharing best practice and good news stories


on use of the DNA database between forces;
and
l conducting focused force reviews to assess
performance and identify and resolve any
technical issues about the application and use
of the database.

We will:

l further develop the use of the CJS


Exchange to develop innovative ways of
sharing information on offenders across
the criminal justice system as a whole;

l increase use of live television links to


improve efficiency and reduce stress for
victims and witness; and

l continue to improve use of DNA


technology in detecting crime.

45
Chapter 5:
Action plan: what will be done by when

5.1 In this document we have set out a range of actions that we will take, in order to rebalance our system.
This table sets out clearly what will be done by when; and how we will measure our success.
Our objective What we plan to deliver…
By December 2006 By April 2007 By April 2008 By April 2009
Putting law-abiding l We will consult on wide- l We will ensure judges l We will have a l We will complete
people and ranging changes to the have more discretion dedicated roll-out of the
communities first sentencing framework about the amount of neighbourhood policing community justice
l We will roll out advice ‘time off’ offenders team in every area approach
on interpretation of should be given for a l We will change the law
Human Rights Act to guilty plea to stop the plainly guilty
practitioners l We will change the way getting their convictions
l We will consult on the Sentencing quashed on a
whether we can make Guidelines Council technicality
offenders pay more to works so that it is l We will stop offenders
cover medical costs; simpler who are re-sentenced
and on clawing back l We will establish a web- after an appeal against
payments later in life if based legal hotline for a lenient sentence
an offender comes into practitioners on human being given time off for
money rights the distress of being
l We will introduce a set sentenced again
of service standards for l We will introduce a
the police to ensure Witness Charter
everyone who comes l We will introduce a
into contact with them ‘Community Call for
is treated well Action’
l We will consult on new l We will introduce a
targets for breach of National Enforcement
bail, how to restrict use Service
of warrants with bail
and new powers for
probation officers to
deal with breaches of
Community Orders
without returning to
court
l We will have begun a
phased implementation
of presumption against
bail in certain cases

Gripping offenders l We will introduce l We will introduce l We will introduce l We will have reduced
to cut crime, reduce Parental Compensation legislation to provide for contestability and crime by 15 per cent
reoffending, and Orders in ten areas changes to the way the performance testing to (and more in high-crime
l We will introduce parole board make drive up the areas) between
protect the public
legislation to increase decisions performance of 2002/03 and 2007/08
the maximum penalty l We will have seen probation in cutting
for carrying a knife to measurable reoffending
four years improvement in under- l We will introduce
l We will introduce a performing probation judge-only trials for
probation performance areas serious fraud cases
improvement l We will take tough l We will change rules for
programme action on alcohol, parole decisions, so
l We will bring forward including new powers that any decision to
proposals about what for trading standards release an offender
new powers might help officers to stop sales to into the community
us to cut low-level crime children; and consider must be made
and anti-social introducing an ‘alcohol unanimously
behaviour even further intervention l We will introduce
l We will consult on programme’ Violent Offender Orders
measures to make the l We will introduce l We will have reduced
cost of remand and legislation to provide for reoffending by at least
sentencing decisions Violent Offender Orders 5 per cent between
more transparent to 2002/03 and 2007/08
local courts l We will bring 900
additional prison places
onstream (autumn
2007)

46
Chapter 5:
Action plan: what will be done by when

Our objective What we plan to deliver…


By December 2006 By April 2007 By April 2008 By April 2009
A simpler, swifter l We will consult on l We will start and l We will introduce a new,
system with strong improving PACE support an increasing simplified performance
enforcement to l We will introduce number of locally- framework for crime
legislation to allow live focused process and policing
support rebalancing
television links between improvement projects, l We will develop ‘bulk
police station and court learning from the front processing’ for
to deal with low-level line and giving staff regulatory offences like
guilty pleas at point of new skills TV licences, to free up
charge l We will expand the use court time for more
l We will have begun of Conditional Cautions, serious offences,
piloting ‘next day including enabling removing some
justice’ punitive conditions 500,000 non-serious
cases from the courts

47
Chapter 6:
Consultation

6.1 Through our review, we have identified a range l a new power for the courts to impose
of actions that we believe will begin the process extended sentences with tough conditions
of rebalancing the criminal justice system, and on the most persistent offenders, to
bringing it closer to what the law-abiding prevent them causing more harm in
majority legitimately expect. But this kind of the future;
significant change to the system cannot be l measures to make the cost of remand and
achieved in one fell swoop, by central mandate. sentencing decisions more transparent to
The criminal justice system concerns us all. So, local courts to focus correctional
as well as proposing some clear actions, we have resources on the highest risk offenders;
also set out a range of important areas in which l how to involve the private sector in asset
we want to consult the public and work more seizure and on legislative changes to
closely with practitioners. This Chapter improve asset recovery;
summarises the areas for consultation, and sets l how to cut bureaucracy in the police (and
out how we will gather views. we will issue a consultation paper this
summer to seek views on improvements
We want to consult on a range of issues, to the Police and Criminal Evidence Act);
including: l what new powers might help us to cut
low-level crime and anti-social behaviour
l how police forces can best be reformed in even further;
order to make sure they can deliver both l how to severely restrict ‘warrants with
visible, accountable and responsive local bail’ for defendants on bail who fail to
policing, and effective action against appear in court;
serious and organised crime, terrorism l giving probation staff the power to vary
and drug dealing; and how high- the punishment an offender serves
performing forces can earn greater depending on their behaviour, without
freedoms and flexibilities; having to go back to the court; and
l increasing the compensation that l new targets for swifter return of those
offenders pay, requiring violent offenders who breach bail to court.
to meet the medical expenses of victims
and creating new powers to allow the 6.2 The Home Secretary and Ministers will hold a
court to reopen cases beyond current series of consultation events over the next six
limitation periods allowing victims to months to consult on the proposals outlined
sue, for example, if the offender later here. The intention will be to have events which
received a windfall; allow meaningful debate and engagement.
l how we can make sentencing clearer; We will also issue fuller consultation documents
l ending the convention that judges should on some of these areas, and we welcome written
automatically halve the minimum term or emailed responses either to those detailed
for those serving unlimited sentences; documents, or to this paper, which should be
and other options for how they should set sent to rebalancingthecjs@cjs.gsi.gov.uk
the first possible date for parole;
l whether there should be more discretion
about keeping some prisoners serving
fixed-length sentences in prison after the
halfway point of their sentence, where
there are clear and significant risks to
the public;

48
Produced by COI on behalf of the Home Office, July 2006. Ref: 275921